[Congressional Record Volume 148, Number 123 (Wednesday, September 25, 2002)]
[House]
[Pages H6586-H6649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

  Mr. SENSENBRENNER (during consideration of House Resolution 545) 
submitted the following conference report and statement on the bill 
(H.R. 2215) to authorize appropriations for the Department of Justice 
for fiscal year 2002, and for other purposes:

                  Conference Report (H. Rept. 107-685)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2215), to authorize appropriations for the Department of 
     Justice for fiscal year 2002, and for other purposes, having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``21st 
     Century Department of Justice Appropriations Authorization 
     Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003

Sec. 101. Specific sums authorized to be appropriated for fiscal year 
              2002.
Sec. 102. Specific sums authorized to be appropriated for fiscal year 
              2003.
Sec. 103. Appointment of additional assistant United States attorneys; 
              reduction of certain litigation positions.

[[Page H6587]]

Sec. 104. Authorization for additional assistant United States 
              attorneys for project safe neighborhoods.

                TITLE II--PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Miscellaneous uses of funds; technical amendments.
Sec. 204. Technical and miscellaneous amendments to Department of 
              Justice authorities; authority to transfer property of 
              marginal value; recordkeeping; protection of the Attorney 
              General.
Sec. 205. Oversight; waste, fraud, and abuse within the Department of 
              Justice.
Sec. 206. Enforcement of Federal criminal laws by Attorney General.
Sec. 207. Strengthening law enforcement in United States territories, 
              commonwealths, and possessions.

                        TITLE III--MISCELLANEOUS

Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of 
              appropriations for the Department of Justice for fiscal 
              years 2004 and 2005.
Sec. 304. Study of untested rape examination kits.
Sec. 305. Reports on use of DCS 1000 (Carnivore).
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration 
              grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Review of the Department of Justice.
Sec. 310. Authorization of appropriations.
Sec. 311. Report on threats and assaults against Federal law 
              enforcement officers, United States judges, United States 
              officials and their families.
Sec. 312. Additional Federal judgeships.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Effective date.

                   DIVISION B--MISCELLANEOUS DIVISION

                TITLE I--BOYS AND GIRLS CLUBS OF AMERICA

Sec. 1101. Boys and Girls Clubs of America.

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002

Sec. 2001. Short title.

                Subtitle A--Drug-Free Prisons and Jails

Sec. 2101. Use of residential substance abuse treatment grants to 
              provide for services during and after incarceration.
Sec. 2102. Jail-based substance abuse treatment programs.
Sec. 2103. Mandatory revocation of probation and supervised release for 
              failing a drug test.

                  Subtitle B--Treatment and Prevention

Sec. 2201. Report on drug-testing technologies.
Sec. 2202. Drug and substance abuse treatment, prevention, education, 
              and research study.
Sec. 2203. Drug abuse and addiction research.

                        Subtitle C--Drug Courts

Sec. 2301. Drug courts.
Sec. 2302. Authorization of appropriations.
Sec. 2303. Study by the General Accounting Office.

 Subtitle D--Program for Successful Reentry of Criminal Offenders Into 
                           Local Communities

   Chapter 1--Post Incarceration Vocational and Remedial Educational 
                       Opportunities for Inmates

Sec. 2411. Post incarceration vocational and remedial educational 
              opportunities for inmates.

                Chapter 2--State Reentry Grant Programs

Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act 
              of 1968.

                       Subtitle E--Other Matters

Sec. 2501. Amendment to Controlled Substances Act.
Sec. 2502. Study of methamphetamine treatment.
Sec. 2503. Authorization of funds for DEA police training in South and 
              Central Asia.
Sec. 2504. United States-Thailand drug prosecutor exchange program.

  TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

Sec. 3001. Increasing the penalty for using physical force to tamper 
              with witnesses, victims, or informants.
Sec. 3002. Correction of aberrant statutes to permit imposition of both 
              a fine and imprisonment.
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea 
              agreement.
Sec. 3004. Appeals from certain dismissals.
Sec. 3005. Clarification of length of supervised release terms in 
              controlled substance cases.
Sec. 3006. Authority of court to impose a sentence of probation or 
              supervised release when reducing a sentence of 
              imprisonment in certain cases.
Sec. 3007. Clarification that making restitution is a proper condition 
              of supervised release.

        TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

Sec. 4001. Short title.
Sec. 4002. Technical amendments relating to criminal law and procedure.
Sec. 4003. Additional technicals.
Sec. 4004. Repeal of outmoded provisions.
Sec. 4005. Amendments resulting from Public Law 107-56.
Sec. 4006. Cross reference correction.

      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants.
Sec. 5002. Authorization of appropriations.

     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS

       TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION

                    Subtitle A--General Improvements

Sec. 11001. Law Enforcement Tribute Act.
Sec. 11002. Disclosure of grand jury matters relating to money 
              laundering offenses.
Sec. 11003. Grant program for State and local domestic preparedness 
              support.
Sec. 11004. United States Sentencing Commission access to NCIC 
              terminal.
Sec. 11005. Danger pay for FBI agents.
Sec. 11006. Police corps.
Sec. 11007. Radiation exposure compensation technical amendments.
Sec. 11008. Federal Judiciary Protection Act of 2002.
Sec. 11009. James Guelff and Chris McCurley Body Armor Act of 2002.
Sec. 11010. Persons authorized to serve search warrant.
Sec. 11011. Study on reentry, mental illness, and public safety.
Sec. 11012. Technical amendment to Omnibus Crime Control Act.
Sec. 11013. Debt collection improvement.
Sec. 11014. SCAAP authorization.
Sec. 11015. Use of annuity brokers in structured settlements.
Sec. 11016. INS processing fees.
Sec. 11017. United States Parole Commission extension.
Sec. 11018. Waiver of foreign country residence requirement with 
              respect to international medical graduates.
Sec. 11019. Pretrial disclosure of expert testimony relating to 
              defendant's mental condition.
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Sec. 11021. Additional place of holding court in the southern district 
              of Ohio.
Sec. 11022. Direct shipment of wine.
Sec. 11023. Webster Commission implementation report.
Sec. 11024. FBI police.
Sec. 11025. Report on FBI information management and technology.
Sec. 11026. GAO report on crime statistics reporting.
Sec. 11027. Crime-free rural States grants.
Sec. 11028. Motor vehicle franchise contract dispute resolution 
              process.
Sec. 11029. Holding court for the southern district of Iowa.
Sec. 11030. Posthumous citizenship restoration.
Sec. 11030A. Extension of H-1B status for aliens with lengthy 
              adjudications.
Sec. 11030B. Application for naturalization by alternative applicant if 
              citizen parent has died.

                      Subtitle B--EB-5 Amendments

                    Chapter 1--Immigration Benefits

Sec. 11031. Removal of conditional basis of permanent resident status 
              for certain alien entrepreneurs, spouses, and children.
Sec. 11032. Conditional permanent resident status for certain alien 
              entrepreneurs, spouses, and children.
Sec. 11033. Regulations.
Sec. 11034. Definitions.

                  Chapter 2--Amendments to Other Laws

Sec. 11035. Definition of ``full-time employment''.
Sec. 11036. Eliminating enterprise establishment requirement for alien 
              entrepreneurs.
Sec. 11037. Amendments to pilot immigration program for regional 
              centers to promote economic growth.

             Subtitle C--Judicial Improvements Act of 2002

Sec. 11041. Short title.
Sec. 11042. Judicial discipline procedures.
Sec. 11043. Technical amendments.
Sec. 11044. Severability.

       Subtitle D--Antitrust Modernization Commission Act of 2002

Sec. 11051. Short title.
Sec. 11052. Establishment.
Sec. 11053. Duties of the Commission.
Sec. 11054. Membership.
Sec. 11055. Compensation of the Commission.
Sec. 11056. Staff of Commission; experts and consultants.
Sec. 11057. Powers of the Commission.
Sec. 11058. Report.
Sec. 11059. Termination of Commission.
Sec. 11060. Authorization of appropriations.

                       TITLE II--JUVENILE JUSTICE

              Subtitle A--Juvenile Offender Accountability

Sec. 12101. Short title.
Sec. 12102. Juvenile offender accountability.

  Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002

Sec. 12201. Short title.

[[Page H6588]]

Sec. 12202. Findings.
Sec. 12203. Purpose.
Sec. 12204. Definitions.
Sec. 12205. Concentration of Federal effort.
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency 
              Prevention.
Sec. 12207. Annual report.
Sec. 12208. Allocation.
Sec. 12209. State plans.
Sec. 12210. Juvenile delinquency prevention block grant program.
Sec. 12211. Research; evaluation; technical assistance; training.
Sec. 12212. Demonstration projects.
Sec. 12213. Authorization of appropriations.
Sec. 12214. Administrative authority.
Sec. 12215. Use of funds.
Sec. 12216. Limitations on use of funds.
Sec. 12217. Rules of construction.
Sec. 12218. Leasing surplus Federal property.
Sec. 12219. Issuance of rules.
Sec. 12220. Content of materials.
Sec. 12221. Technical and conforming amendments.
Sec. 12222. Incentive grants for local delinquency prevention programs.
Sec. 12223. Effective date; application of amendments.

                Subtitle C--Juvenile Disposition Hearing

Sec. 12301. Juvenile disposition hearing.

                    TITLE III--INTELLECTUAL PROPERTY

         Subtitle A--Patent and Trademark Office Authorization

Sec. 13101. Short title.
Sec. 13102. Authorization of amounts available to the Patent and 
              Trademark Office.
Sec. 13103. Electronic filing and processing of patent and trademark 
              applications.
Sec. 13104. Strategic plan.
Sec. 13105. Determination of substantial new question of patentability 
              in reexamination proceedings.
Sec. 13106. Appeals in inter partes reexamination proceedings.

    Subtitle B--Intellectual Property and High Technology Technical 
                               Amendments

Sec. 13201. Short title.
Sec. 13202. Clarification of Reexamination Procedure Act of 1999; 
              technical amendments.
Sec. 13203. Patent and Trademark Efficiency Act amendments.
Sec. 13204. Domestic publication of foreign filed Patent Applications 
              Act of 1999 amendments.
Sec. 13205. Domestic publication of patent applications published 
              abroad.
Sec. 13206. Miscellaneous clerical amendments.
Sec. 13207. Technical corrections in trademark law.
Sec. 13208. Patent and trademark fee clerical amendment.
Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act.
Sec. 13210. Amendments to title 17, United States Code.
Sec. 13211. Other copyright related technical amendments.

            Subtitle C--Educational Use Copyright Exemption

Sec. 13301. Educational use copyright exemption.

               Subtitle D--Madrid Protocol Implementation

Sec. 13401. Short title.
Sec. 13402. Provisions to implement the protocol relating to the Madrid 
              Agreement concerning the international registration of 
              marks.
Sec. 13403. Effective date.

         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

Sec. 14101. Short title.
Sec. 14102. Amendments.
Sec. 14103. Effective date; application of amendments.
     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003

     SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR 
                   FISCAL YEAR 2002.

       There are authorized to be appropriated for fiscal year 
     2002, to carry out the activities of the Department of 
     Justice (including any bureau, office, board, division, 
     commission, subdivision, unit, or other component thereof), 
     the following sums:
       (1) General administration.--For General Administration: 
     $92,668,000.
       (2) Administrative review and appeals.--For Administrative 
     Review and Appeals: $173,647,000 for administration of pardon 
     and clemency petitions and for immigration-related 
     activities.
       (3) Office of inspector general.--For the Office of 
     Inspector General: $50,735,000, which shall include for each 
     such fiscal year, not to exceed $10,000 to meet unforeseen 
     emergencies of a confidential character.
       (4) General legal activities.--For General Legal 
     Activities: $549,176,000, which shall include for each such 
     fiscal year--
       (A) not less than $4,000,000 for the investigation and 
     prosecution of denaturalization and deportation cases 
     involving alleged Nazi war criminals; and
       (B) not to exceed $20,000 to meet unforeseen emergencies of 
     a confidential character.
       (5) Antitrust division.--For the Antitrust Division: 
     $130,791,000.
       (6) United states attorneys.--For United States Attorneys: 
     $1,353,968,000, which shall include not less than $10,000,000 
     for the investigation and prosecution of intellectual 
     property crimes, including software counterfeiting crimes and 
     crimes identified in the No Electronic Theft (NET) Act 
     (Public Law 105-147): Provided, That such amounts in the 
     appropriations account ``General Legal Services'' as may be 
     expended for such investigations or prosecutions shall count 
     towards this minimum as though expended from this 
     appropriations account.
       (7) Federal bureau of investigation.--For the Federal 
     Bureau of Investigation: $3,524,864,000, which shall include 
     for each such fiscal year--
       (A) not to exceed $33,791,000 for construction, to remain 
     available until expended; and
       (B) not to exceed $70,000 to meet unforeseen emergencies of 
     a confidential character.
       (8) United states marshals service.--For the United States 
     Marshals Service: $648,696,000, which shall include for each 
     such fiscal year not to exceed $15,000,000 for construction, 
     to remain available until expended.
       (9) Federal prison system.--For the Federal Prison System, 
     including the National Institute of Corrections: 
     $4,622,152,000.
       (10) Federal prisoner detention.--For the support of United 
     States prisoners in non-Federal institutions, as authorized 
     by section 4013(a) of title 18 of the United States Code: 
     $706,182,000, to remain available until expended.
       (11) Drug enforcement administration.--For the Drug 
     Enforcement Administration: $1,481,783,000, which shall 
     include not to exceed $70,000 to meet unforeseen emergencies 
     of a confidential character.
       (12) Immigration and naturalization service.--For the 
     Immigration and Naturalization Service: $3,499,854,000, which 
     shall include--
       (A) not to exceed $2,739,695,000 for salaries and expenses 
     of enforcement and border affairs (i.e., the Border Patrol, 
     deportation, intelligence, investigations, and inspection 
     programs, and the detention program);
       (B) not to exceed $631,745,000 for salaries and expenses of 
     citizenship and benefits (i.e., programs not included under 
     subparagraph (A));
       (C) for each such fiscal year, not to exceed $128,454,000 
     for construction, to remain available until expended; and
       (D) not to exceed $50,000 to meet unforeseen emergencies of 
     a confidential character.
       (13) Fees and expenses of witnesses.--For Fees and Expenses 
     of Witnesses: $156,145,000 to remain available until 
     expended, which shall include for each such fiscal year not 
     to exceed $6,000,000 for construction of protected witness 
     safesites.
       (14) Interagency crime and drug enforcement.--For 
     Interagency Crime and Drug Enforcement: $338,577,000, for 
     expenses not otherwise provided for, for the investigation 
     and prosecution of persons involved in organized crime drug 
     trafficking, except that any funds obligated from 
     appropriations authorized by this paragraph may be used under 
     authorities available to the organizations reimbursed from 
     such funds.
       (15) Foreign claims settlement commission.--For the Foreign 
     Claims Settlement Commission: $1,136,000.
       (16) Community relations service.--For the Community 
     Relations Service: $9,269,000.
       (17) Assets forfeiture fund.--For the Assets Forfeiture 
     Fund: $22,949,000 for expenses authorized by section 524 of 
     title 28, United States Code.
       (18) United states parole commission.--For the United 
     States Parole Commission: $9,876,000.
       (19) Federal detention trustee.--For the necessary expenses 
     of the Federal Detention Trustee: $1,000,000.
       (20) Joint automated booking system.--For expenses 
     necessary for the operation of the Joint Automated Booking 
     System: $1,000,000.
       (21) Narrowband communications.--For the costs of 
     conversion to narrowband communications, including the cost 
     for operation and maintenance of Land Mobile Radio legacy 
     systems: $94,615,000.
       (22) Radiation exposure compensation.--For administrative 
     expenses in accordance with the Radiation Exposure 
     Compensation Act: such sums as necessary.
       (23) Counterterrorism fund.--For the Counterterrorism Fund 
     for necessary expenses, as determined by the Attorney 
     General: $4,989,000.
       (24) Office of justice programs.--For administrative 
     expenses not otherwise provided for, of the Office of Justice 
     Programs: $132,862,000.

     SEC. 102. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR 
                   FISCAL YEAR 2003.

       There are authorized to be appropriated for fiscal year 
     2003, to carry out the activities of the Department of 
     Justice (including any bureau, office, board, division, 
     commission, subdivision, unit, or other component thereof), 
     the following sums:
       (1) General administration.--For General Administration: 
     $121,079,000.
       (2) Administrative review and appeals.--For Administrative 
     Review and Appeals: $198,869,000 for administration of pardon 
     and clemency petitions and for immigration-related 
     activities.
       (3) Office of inspector general.--For the Office of 
     Inspector General: $66,288,000, which shall include for each 
     such fiscal year, not to exceed $10,000 to meet unforeseen 
     emergencies of a confidential character.
       (4) General legal activities.--For General Legal 
     Activities: $659,181,000, which shall include for each such 
     fiscal year--
       (A) not less than $4,000,000 for the investigation and 
     prosecution of denaturalization and deportation cases 
     involving alleged Nazi war criminals; and
       (B) not to exceed $20,000 to meet unforeseen emergencies of 
     a confidential character.
       (5) Antitrust division.--For the Antitrust Division: 
     $141,855,000.
       (6) United states attorneys.--For United States Attorneys: 
     $1,550,948,000, which shall include not less than $10,000,000 
     for the investigation and prosecution of intellectual 
     property

[[Page H6589]]

     crimes, including software counterfeiting crimes and crimes 
     identified in the No Electronic Theft (NET) Act (Public Law 
     105-147):Provided, That such amounts in the appropriations 
     account ``General Legal Services'' as may be expended for 
     such investigations or prosecutions shall count towards this 
     minimum as though expended from this appropriations account.
       (7) Federal bureau of investigation.--For the Federal 
     Bureau of Investigation: $4,323,912,000, which shall include 
     for each such fiscal year--
       (A) not to exceed $1,250,000 for construction, to remain 
     available until expended; and
       (B) not to exceed $70,000 to meet unforeseen emergencies of 
     a confidential character.
       (8) United states marshals service.--For the United States 
     Marshals Service: $737,346,000, which shall include for each 
     such fiscal year not to exceed $15,153,000 for construction, 
     to remain available until expended.
       (9) Federal prison system.--For the Federal Prison System, 
     including the National Institute of Corrections: 
     $4,605,068,000.
       (10) Drug enforcement administration.--For the Drug 
     Enforcement Administration: $1,582,044,000, which shall 
     include not to exceed $70,000 to meet unforeseen emergencies 
     of a confidential character.
       (11) Immigration and naturalization service.--For the 
     Immigration and Naturalization Service: $4,131,811,000, which 
     shall include--
       (A) not to exceed $3,253,561,000 for salaries and expenses 
     of Border Patrol, detention and removals, intelligence, 
     investigations, inspections, and international enforcement, 
     including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character;
       (B) not to exceed $88,598,000 for salaries and expenses of 
     immigration services, including international services; and
       (C) not to exceed $789,652,000 for salaries and expenses 
     for support and administration (i.e., data and 
     communications, information and records management, 
     construction, etc.).
       (12) Fees and expenses of witnesses.--For Fees and Expenses 
     of Witnesses: $156,145,000 to remain available until 
     expended, which shall include for each such fiscal year not 
     to exceed $6,000,000 for construction of protected witness 
     safesites.
       (13) Interagency crime and drug enforcement.--For 
     Interagency Crime and Drug Enforcement: $362,131,000, for 
     expenses not otherwise provided for, for the investigation 
     and prosecution of persons involved in organized crime drug 
     trafficking, except that any funds obligated from 
     appropriations authorized by this paragraph may be used under 
     authorities available to the organizations reimbursed from 
     such funds.
       (14) Foreign claims settlement commission.--For the Foreign 
     Claims Settlement Commission: $1,194,000.
       (15) Community relations service.--For the Community 
     Relations Service: $10,732,000.
       (16) Assets forfeiture fund.--For the Assets Forfeiture 
     Fund: $22,949,000 for expenses authorized by section 524 of 
     title 28, United States Code.
       (17) United states parole commission.--For the United 
     States Parole Commission: $11,355,000.
       (18) Federal detention trustee.--For the necessary expenses 
     of the Federal Detention Trustee: $1,388,583,000.
       (19) Identification system integration.--For expenses 
     necessary for the operation of the Identification System 
     Integration: $24,505,000.
       (20) Narrowband communications.--For the costs of 
     conversion to narrowband communications, including the cost 
     for operation and maintenance of Land Mobile Radio legacy 
     systems: $149,292,000.
       (21) Radiation exposure compensation.--For administrative 
     expenses in accordance with the Radiation Exposure 
     Compensation Act: such sums as necessary.
       (22) Counterterrorism fund.--For the Counterterrorism Fund 
     for necessary expenses, as determined by the Attorney 
     General: $35,000,000.
       (23) Office of justice programs.--For administrative 
     expenses not otherwise provided for, of the Office of Justice 
     Programs: $215,811,000.
       (24) Legal activities office.--For necessary expenses 
     related to office automation: $15,942,000.

     SEC. 103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES 
                   ATTORNEYS; REDUCTION OF CERTAIN LITIGATION 
                   POSITIONS.

       (a) Appointments.--Not later than September 30, 2003, the 
     Attorney General may exercise authority under section 542 of 
     title 28, United States Code, to appoint 200 assistant United 
     States attorneys in addition to the number of assistant 
     United States attorneys serving on the date of the enactment 
     of this Act.
       (b) Selection of Appointees.--Individuals first appointed 
     under subsection (a) shall be appointed from among attorneys 
     who are incumbents of 200 full-time litigation positions in 
     divisions of the Department of Justice and whose official 
     duty station is at the seat of Government.
       (c) Termination of Positions.--Each of the 200 litigation 
     positions that become vacant by reason of an appointment made 
     in accordance with subsections (a) and (b) shall be 
     terminated at the time the vacancy arises.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 104. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED 
                   STATES ATTORNEYS FOR PROJECT SAFE 
                   NEIGHBORHOODS.

       (a) In General.--The Attorney General shall establish a 
     program for each United States Attorney to provide for 
     coordination with State and local law enforcement officials 
     in the identification and prosecution of violations of 
     Federal firearms laws including school gun violence and 
     juvenile gun offenses.
       (b) Authorization for Hiring 94 Additional Assistant United 
     States Attorneys.--There are authorized to be appropriated to 
     carry out this section $9,000,000 for fiscal year 2002 to 
     hire an additional Assistant United States Attorney in each 
     United States Attorney Office.
                TITLE II--PERMANENT ENABLING PROVISIONS

     SEC. 201. PERMANENT AUTHORITY.

       (a) In General.--Chapter 31 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 530C. Authority to use available funds

       ``(a) In General.--Except to the extent provided otherwise 
     by law, the activities of the Department of Justice 
     (including any bureau, office, board, division, commission, 
     subdivision, unit, or other component thereof) may, in the 
     reasonable discretion of the Attorney General, be carried out 
     through any means, including--
       ``(1) through the Department's own personnel, acting 
     within, from, or through the Department itself;
       ``(2) by sending or receiving details of personnel to other 
     branches or agencies of the Federal Government, on a 
     reimbursable, partially-reimbursable, or nonreimbursable 
     basis;
       ``(3) through reimbursable agreements with other Federal 
     agencies for work, materials, or equipment;
       ``(4) through contracts, grants, or cooperative agreements 
     with non-Federal parties; and
       ``(5) as provided in subsection (b), in section 524, and in 
     any other provision of law consistent herewith, including, 
     without limitation, section 102(b) of Public Law 102-395 (106 
     Stat. 1838), as incorporated by section 815(d) of Public Law 
     104-132 (110 Stat. 1315).
       ``(b) Permitted Uses.--
       ``(1) General permitted uses.--Funds available to the 
     Attorney General (i.e., all funds available to carry out the 
     activities described in subsection (a)) may be used, without 
     limitation, for the following:
       ``(A) The purchase, lease, maintenance, and operation of 
     passenger motor vehicles, or police-type motor vehicles for 
     law enforcement purposes, without regard to general purchase 
     price limitation for the then-current fiscal year.
       ``(B) The purchase of insurance for motor vehicles, boats, 
     and aircraft operated in official Government business in 
     foreign countries.
       ``(C) Services of experts and consultants, including 
     private counsel, as authorized by section 3109 of title 5, 
     and at rates of pay for individuals not to exceed the maximum 
     daily rate payable from time to time under section 5332 of
     title 5.
       ``(D) Official reception and representation expenses (i.e., 
     official expenses of a social nature intended in whole or in 
     predominant part to promote goodwill toward the Department or 
     its missions, but excluding expenses of public tours of 
     facilities of the Department of Justice), in accordance with 
     distributions and procedures established, and rules issued, 
     by the Attorney General, and expenses of public tours of 
     facilities of the Department of Justice.
       ``(E) Unforeseen emergencies of a confidential character, 
     to be expended under the direction of the Attorney General 
     and accounted for solely on the certificate of the Attorney 
     General.
       ``(F) Miscellaneous and emergency expenses authorized or 
     approved by the Attorney General, the Deputy Attorney 
     General, the Associate Attorney General, or the Assistant 
     Attorney General for Administration.
       ``(G) In accordance with procedures established and rules 
     issued by the Attorney General--
       ``(i) attendance at meetings and seminars;
       ``(ii) conferences and training; and
       ``(iii) advances of public moneys under section 3324 of 
     title 31: Provided, That travel advances of such moneys to 
     law enforcement personnel engaged in undercover activity 
     shall be considered to be public money for purposes of 
     section 3527 of title 31.
       ``(H) Contracting with individuals for personal services 
     abroad, except that such individuals shall not be regarded as 
     employees of the United States for the purpose of any law 
     administered by the Office of Personnel Management.
       ``(I) Payment of interpreters and translators who are not 
     citizens of the United States, in accordance with procedures 
     established and rules issued by the Attorney General.
       ``(J) Expenses or allowances for uniforms as authorized by 
     section 5901 of title 5, but without regard to the general 
     purchase price limitation for the then-current fiscal year.
       ``(K) Expenses of--
       ``(i) primary and secondary schooling for dependents of 
     personnel stationed outside the United States at cost not in 
     excess of those authorized by the Department of Defense for 
     the same area, when it is determined by the Attorney General 
     that schools available in the locality are unable to provide 
     adequately for the education of such dependents; and
       ``(ii) transportation of those dependents between their 
     place of residence and schools serving the area which those 
     dependents would normally attend when the Attorney General, 
     under such regulations as he may prescribe, determines that 
     such schools are not accessible by public means of 
     transportation.
       ``(L) payment of rewards (i.e., payments pursuant to public 
     advertisements for assistance to the Department of Justice), 
     in accordance with procedures and regulations established or 
     issued by the Attorney General: Provided, That--
       ``(i) no such reward shall exceed $2,000,000, unless--

       ``(I) the reward is to combat domestic terrorism or 
     international terrorism (as defined in section 2331 of title 
     18); or

[[Page H6590]]

       ``(II) a statute should authorize a higher amount;

       ``(ii) no such reward of $250,000 or more may be made or 
     offered without the personal approval of either the Attorney 
     General or the President;
       ``(iii) the Attorney General shall give written notice to 
     the Chairmen and ranking minority members of the Committees 
     on Appropriations and the Judiciary of the Senate and of the 
     House of Representatives not later than 30 days after the 
     approval of a reward under clause (ii);
       ``(iv) any executive agency or military department (as 
     defined, respectively, in sections 105 and 102 of title 5) 
     may provide the Attorney General with funds for the payment 
     of rewards; and
       ``(v) neither the failure of the Attorney General to 
     authorize a payment nor the amount authorized shall be 
     subject to judicial review.
       ``(2) Specific permitted uses.--
       ``(A) Aircraft and boats.--Funds available to the Attorney 
     General for United States Attorneys, for the Federal Bureau 
     of Investigation, for the United States Marshals Service, for 
     the Drug Enforcement Administration, and for the Immigration 
     and Naturalization Service may be used for the purchase, 
     lease, maintenance, and operation of aircraft and boats, for 
     law enforcement purposes.
       ``(B) Purchase of ammunition and firearms; firearms 
     competitions.--Funds available to the Attorney General for 
     United States Attorneys, for the Federal Bureau of 
     Investigation, for the United States Marshals Service, for 
     the Drug Enforcement Administration, for the Federal Prison 
     System, for the Office of the Inspector General, and for the 
     Immigration and Naturalization Service may be used for--
       ``(i) the purchase of ammunition and firearms; and
       ``(ii) participation in firearms competitions.
       ``(C) Construction.--Funds available to the Attorney 
     General for construction may be used for expenses of 
     planning, designing, acquiring, building, constructing, 
     activating, renovating, converting, expanding, extending, 
     remodeling, equipping, repairing, or maintaining buildings or 
     facilities, including the expenses of acquisition of sites 
     therefor, and all necessary expenses incident or related 
     thereto; but the foregoing shall not be construed to mean 
     that funds generally available for salaries and expenses are 
     not also available for certain incidental or minor 
     construction, activation, remodeling, maintenance, and other 
     related construction costs.
       ``(3) Fees and expenses of witnesses.--Funds available to 
     the Attorney General for fees and expenses of witnesses may 
     be used for--
       ``(A) expenses, mileage, compensation, protection, and per 
     diem in lieu of subsistence, of witnesses (including advances 
     of public money) and as authorized by section 1821 or other 
     law, except that no witness may be paid more than 1 
     attendance fee for any 1 calendar day;
       ``(B) fees and expenses of neutrals in alternative dispute 
     resolution proceedings, where the Department of Justice is a 
     party; and
       ``(C) construction of protected witness safesites.
       ``(4) Federal bureau of investigation.--Funds available to 
     the Attorney General for the Federal Bureau of Investigation 
     for the detection, investigation, and prosecution of crimes 
     against the United States may be used for the conduct of all 
     its authorized activities.
       ``(5) Immigration and naturalization service.--Funds 
     available to the Attorney General for the Immigration and 
     Naturalization Service may be used for--
       ``(A) acquisition of land as sites for enforcement fences, 
     and construction incident to such fences;
       ``(B) cash advances to aliens for meals and lodging en 
     route;
       ``(C) refunds of maintenance bills, immigration fines, and 
     other items properly returnable, except deposits of aliens 
     who become public charges and deposits to secure payment of 
     fines and passage money; and
       ``(D) expenses and allowances incurred in tracking lost 
     persons, as required by public exigencies, in aid of State or 
     local law enforcement agencies.
       ``(6) Federal prison system.--Funds available to the 
     Attorney General for the Federal Prison System may be used 
     for--
       ``(A) inmate medical services and inmate legal services, 
     within the Federal prison system;
       ``(B) the purchase and exchange of farm products and 
     livestock;
       ``(C) the acquisition of land as provided in section 4010 
     of title 18; and
       ``(D) the construction of buildings and facilities for 
     penal and correctional institutions (including prison camps), 
     by contract or force account, including the payment of United 
     States prisoners for their work performed in any such 
     construction;
     except that no funds may be used to distribute or make 
     available to a prisoner any commercially published 
     information or material that is sexually explicit or features 
     nudity.
       ``(7) Detention trustee.--Funds available to the Attorney 
     General for the Detention Trustee may be used for all the 
     activities of such Trustee in the exercise of all power and 
     functions authorized by law relating to the detention of 
     Federal prisoners in non-Federal institutions or otherwise in 
     the custody of the United States Marshals Service and to the 
     detention of aliens in the custody of the Immigration and 
     Naturalization Service, including the overseeing of 
     construction of detention facilities or for housing related 
     to such detention, the management of funds appropriated to 
     the Department for the exercise of detention functions, and 
     the direction of the United States Marshals Service and 
     Immigration Service with respect to the exercise of detention 
     policy setting and operations for the Department of Justice.
       ``(c) Related Provisions.--
       ``(1) Limitation of compensation of individuals employed as 
     attorneys.--No funds available to the Attorney General may be 
     used to pay compensation for services provided by an 
     individual employed as an attorney (other than an individual 
     employed to provide services as a foreign attorney in special 
     cases) unless such individual is duly licensed and authorized 
     to practice as an attorney under the law of a State, a 
     territory of the United States, or the District of Columbia.
       ``(2) Reimbursements paid to governmental entities.--Funds 
     available to the Attorney General that are paid as 
     reimbursement to a governmental unit of the Department of 
     Justice, to another Federal entity, or to a unit of State or 
     local government, may be used under authorities available to 
     the unit or entity receiving such reimbursement.
       ``(d) Foreign Reimbursements.--Whenever the Department of 
     Justice or any component participates in a cooperative 
     project to improve law enforcement or national security 
     operations or services with a friendly foreign country on a 
     cost-sharing basis, any reimbursements or contributions 
     received from that foreign country to meet its share of the 
     project may be credited to appropriate current appropriations 
     accounts of the Department of Justice or any component. The 
     amount of a reimbursement or contribution credited shall be 
     available only for payment of the share of the project 
     expenses allocated to the participating foreign country.
       ``(e) Railroad Police Training Fees.--The Attorney General 
     is authorized to establish and collect a fee to defray the 
     costs of railroad police officers participating in a Federal 
     Bureau of Investigation law enforcement training program 
     authorized by Public Law 106-110, and to credit such fees to 
     the appropriation account `Federal Bureau of Investigation, 
     Salaries and Expenses', to be available until expended for 
     salaries and expenses incurred in providing such services.
       ``(f) Warranty Work.--In instances where the Attorney 
     General determines that law enforcement-, security-, or 
     mission-related considerations mitigate against obtaining 
     maintenance or repair services from private sector entities 
     for equipment under warranty, the Attorney General is 
     authorized to seek reimbursement from such entities for 
     warranty work performed at Department of Justice facilities, 
     and to credit any payment made for such work to any 
     appropriation charged therefor.''.
       (b) Conforming Amendment.--The table of sections of chapter 
     31 of title 28, United States Code, is amended by adding at 
     the end the following:

``530C. Authority to use available funds.''.

     SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF 
                   LAWS.

       (a) In General.--Chapter 31 of title 28, United States Code 
     (as amended by section 201), is amended by adding at the end 
     the following:

     ``Sec. 530D. Report on enforcement of laws

       ``(a) Report.--
       ``(1) In general.--The Attorney General shall submit to the 
     Congress a report of any instance in which the Attorney 
     General or any officer of the Department of Justice--
       ``(A) establishes or implements a formal or informal policy 
     to refrain--
       ``(i) from enforcing, applying, or administering any 
     provision of any Federal statute, rule, regulation, program, 
     policy, or other law whose enforcement, application, or 
     administration is within the responsibility of the Attorney 
     General or such officer on the grounds that such provision is 
     unconstitutional; or
       ``(ii) within any judicial jurisdiction of or within the 
     United States, from adhering to, enforcing, applying, or 
     complying with, any standing rule of decision (binding upon 
     courts of, or inferior to those of, that jurisdiction) 
     established by a final decision of any court of, or superior 
     to those of, that jurisdiction, respecting the 
     interpretation, construction, or application of the 
     Constitution, any statute, rule, regulation, program, policy, 
     or other law whose enforcement, application, or 
     administration is within the responsibility of the Attorney 
     General or such officer;
       ``(B) determines--
       ``(i) to contest affirmatively, in any judicial, 
     administrative, or other proceeding, the constitutionality of 
     any provision of any Federal statute, rule, regulation, 
     program, policy, or other law; or
       ``(ii) to refrain (on the grounds that the provision is 
     unconstitutional) from defending or asserting, in any 
     judicial, administrative, or other proceeding, the 
     constitutionality of any provision of any Federal statute, 
     rule, regulation, program, policy, or other law, or not to 
     appeal or request review of any judicial, administrative, or 
     other determination adversely affecting the constitutionality 
     of any such provision; or
       ``(C) approves (other than in circumstances in which a 
     report is submitted to the Joint Committee on Taxation, 
     pursuant to section 6405 of the Internal Revenue Code of 
     1986) the settlement or compromise (other than in bankruptcy) 
     of any claim, suit, or other action--
       ``(i) against the United States (including any agency or 
     instrumentality thereof) for a sum that exceeds, or is likely 
     to exceed, $2,000,000, excluding prejudgment interest; or
       ``(ii) by the United States (including any agency or 
     instrumentality thereof) pursuant to an agreement, consent 
     decree, or order (or pursuant to any modification of an 
     agreement, consent decree, or order) that provides injunctive 
     or other nonmonetary relief that exceeds, or is likely to 
     exceed, 3 years in duration: Provided, That for purposes of 
     this clause, the term ``injunctive or other nonmonetary 
     relief'' shall not be understood to include the following, 
     where the same are a matter of public record--

       ``(I) debarments, suspensions, or other exclusions from 
     Government contracts or grants;

[[Page H6591]]

       ``(II) mere reporting requirements or agreements (including 
     sanctions for failure to report);
       ``(III) requirements or agreements merely to comply with 
     statutes or regulations;
       ``(IV) requirements or agreements to surrender professional 
     licenses or to cease the practice of professions, 
     occupations, or industries;
       ``(V) any criminal sentence or any requirements or 
     agreements to perform community service, to serve probation, 
     or to participate in supervised release from detention, 
     confinement, or prison; or
       ``(VI) agreements to cooperate with the government in 
     investigations or prosecutions (whether or not the agreement 
     is a matter of public record).

       ``(2) Submission of report to the congress.--For the 
     purposes of paragraph (1), a report shall be considered to be 
     submitted to the Congress if the report is submitted to--
       ``(A) the majority leader and minority leader of the 
     Senate;
       ``(B) the Speaker, majority leader, and minority leader of 
     the House of Representatives;
       ``(C) the chairman and ranking minority member of the 
     Committee on the Judiciary of the House of Representatives 
     and the chairman and ranking minority member of the Committee 
     on the Judiciary of the Senate; and
       ``(D) the Senate Legal Counsel and the General Counsel of 
     the House of Representatives.
       ``(b) Deadline.--A report shall be submitted--
       ``(1) under subsection (a)(1)(A), not later than 30 days 
     after the establishment or implementation of each policy;
       ``(2) under subsection (a)(1)(B), within such time as will 
     reasonably enable the House of Representatives and the Senate 
     to take action, separately or jointly, to intervene in timely 
     fashion in the proceeding, but in no event later than 30 days 
     after the making of each determination; and
       ``(3) under subsection (a)(1)(C), not later than 30 days 
     after the conclusion of each fiscal-year quarter, with 
     respect to all approvals occurring in such quarter.
       ``(c) Contents.--A report required by subsection (a) 
     shall--
       ``(1) specify the date of the establishment or 
     implementation of the policy described in subsection 
     (a)(1)(A), of the making of the determination described in 
     subsection (a)(1)(B), or of each approval described in 
     subsection (a)(1)(C);
       ``(2) include a complete and detailed statement of the 
     relevant issues and background (including a complete and 
     detailed statement of the reasons for the policy or 
     determination, and the identity of the officer responsible 
     for establishing or implementing such policy, making such 
     determination, or approving such settlement or compromise), 
     except that--
       ``(A) such details may be omitted as may be absolutely 
     necessary to prevent improper disclosure of national-
     security- or classified information, of any information 
     subject to the deliberative-process-, executive-, attorney-
     work-prod-
     uct-, or attorney-client privileges, or of any information 
     the disclosure of which is prohibited by section 6103 of the 
     Internal Revenue Code of 1986, or other law or any court 
     order if the fact of each such omission (and the precise 
     ground or grounds therefor) is clearly noted in the 
     statement: Provided, That this subparagraph shall not be 
     construed to deny to the Congress (including any House, 
     Committee, or agency thereof) any such omitted details (or 
     related information) that it lawfully may seek, subsequent to 
     the submission of the report; and
       ``(B) the requirements of this paragraph shall be deemed 
     satisfied--
       ``(i) in the case of an approval described in subsection 
     (a)(1)(C)(i), if an unredacted copy of the entire settlement 
     agreement and consent decree or order (if any) is provided, 
     along with a statement indicating the legal and factual basis 
     or bases for the settlement or compromise (if not apparent on 
     the face of documents provided); and
       ``(ii) in the case of an approval described in subsection 
     (a)(1)(C)(ii), if an unredacted copy of the entire settlement 
     agreement and consent decree or order (if any) is provided, 
     along with a statement indicating the injunctive or other 
     nonmonetary relief (if not apparent on the face of documents 
     provided); and
       ``(3) in the case of a determination described in 
     subsection (a)(1)(B) or an approval described in subsection 
     (a)(1)(C), indicate the nature, tribunal, identifying 
     information, and status of the proceeding, suit, or action.
       ``(d) Declaration.--In the case of a determination 
     described in subsection (a)(1)(B), the representative of the 
     United States participating in the proceeding shall make a 
     clear declaration in the proceeding that any position 
     expressed as to the constitutionality of the provision 
     involved is the position of the executive branch of the 
     Federal Government (or, as applicable, of the President or of 
     any executive agency or military department).
       ``(e) Applicability to the President and to Executive 
     Agencies and Military Departments.--The reporting, 
     declaration, and other provisions of this section relating to 
     the Attorney General and other officers of the Department of 
     Justice shall apply to the President (but only with respect 
     to the promulgation of any unclassified Executive order or 
     similar memorandum or order), to the head of each executive 
     agency or military department (as defined, respectively, in 
     sections 105 and 102 of title 5, United States Code) that 
     establishes or implements a policy described in subsection 
     (a)(1)(A) or is authorized to conduct litigation, and to the 
     officers of such executive agency.''.
       (b) Conforming Amendments.--
       (1) The table of sections for chapter 31 of title 28, 
     United States Code (as amended by section 201), is amended by 
     adding at the end the following:

``530D. Report on enforcement of laws.''.

       (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is 
     amended by striking subsection (b) and inserting:
       ``(b) The Attorney General shall notify Counsel as required 
     by section 530D of title 28.''.
       (3) Not later than 30 days after the date of the enactment 
     of this Act, the President shall advise the head of each 
     executive agency or military department (as defined, 
     respectively, in sections 105 and 102 of title 5, United 
     States Code) of the enactment of this section.
       (4)(A) Not later than 90 days after the date of the 
     enactment of this Act, the Attorney General (and, as 
     applicable, the President, and the head of any executive 
     agency or military department described in subsection (e) of 
     section 530D of title 28, United States Code, as added by 
     subsection (a)) shall submit to Congress a report (in 
     accordance with subsections (a), (c), and (e) of such 
     section) on--
       (i) all policies of which the Attorney General and 
     applicable official are aware described in subsection 
     (a)(1)(A) of such section that were established or 
     implemented before the date of the enactment of this Act and 
     were in effect on such date; and
       (ii) all determinations of which the Attorney General and 
     applicable official are aware described in subsection 
     (a)(1)(B) of such section that were made before the date of 
     the enactment of this Act and were in effect on such date.
       (B) If a determination described in subparagraph (A)(ii) 
     relates to any judicial, administrative, or other proceeding 
     that is pending in the 90-day period beginning on the date of 
     the enactment of this Act, with respect to any such 
     determination, then the report required by this paragraph 
     shall be submitted within such time as will reasonably enable 
     the House of Representatives and the Senate to take action, 
     separately or jointly, to intervene in timely fashion in the 
     proceeding, but not later than 30 days after the date of the 
     enactment of this Act.
       (5) Section 101 of Public Law 106-57 (113 Stat. 414) is 
     amended by striking subsection (b).

     SEC. 203. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.

       (a) Bureau of Justice Assistance Grant Programs.--Title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) in section 504(a) by striking ``502'' and inserting 
     ``501(b)'';
       (2) in section 506(a)(1) by striking ``participating'';
       (3) in section 510(a)(3) by striking ``502'' and inserting 
     ``501(b)'';
       (4) in section 510 by adding at the end the following:
       ``(d) No grants or contracts under subsection (b) may be 
     made, entered into, or used, directly or indirectly, to 
     provide any security enhancements or any equipment to any 
     non-governmental entity that is not engaged in law 
     enforcement or law enforcement support, criminal or juvenile 
     justice, or delinquency prevention.''; and
       (5) in section 511 by striking ``503'' and inserting 
     ``501(b)''.
       (b) Attorneys Specially Retained by the Attorney General.--
     The 3d sentence of section 515(b) of title 28, United States 
     Code, is amended by striking ``at not more than $12,000''.

     SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO 
                   DEPARTMENT OF JUSTICE AUTHORITIES; AUTHORITY TO 
                   TRANSFER PROPERTY OF MARGINAL VALUE; 
                   RECORDKEEPING; PROTECTION OF THE ATTORNEY 
                   GENERAL.

       (a) Section 524 of title 28, United States Code, is 
     amended--
       (1) in subsection (a) by inserting ``to the Attorney 
     General'' after ``available'';
       (2) in subsection (c)(1)--
       (A) by striking the semicolon at the end of the 1st 
     subparagraph (I) and inserting a period;
       (B) by striking the 2d subparagraph (I);
       (C) by striking ``(A)(iv), (B), (F), (G), and (H)'' in the 
     first sentence following the second subparagraph (I) and 
     inserting ``(B), (F), and (G)''; and
       (D) by striking ``fund'' in the 3d sentence following the 
     2d subparagraph (I) and inserting ``Fund'';
       (3) in subsection (c)(2)--
       (A) by inserting before the period in the last sentence ``, 
     without both the personal approval of the Attorney General 
     and written notice within 30 days thereof to the Chairmen and 
     ranking minority members of the Committees on Appropriations 
     and the Judiciary of the Senate and of the House of 
     Representatives'';
       (B) by striking ``for information'' each place it appears; 
     and
       (C) by striking ``$250,000'' the 2d and 3d places it 
     appears and inserting ``$500,000'';
       (4) in subsection (c)(3) by striking ``(F)'' and inserting 
     ``(G)'';
       (5) in subsection (c)(5) by striking ``Fund which'' and 
     inserting ``Fund, that'';
       (6) in subsection (c)(8)(A), by striking ``(A)(iv), (B), 
     (F), (G), and (H)'' and inserting ``(B), (F), and (G)''; and
       (7) in subsection (c)(9)(B)--
       (A) by striking ``year 1997'' and inserting ``years 2002 
     and 2003''; and
       (B) by striking ``Such transfer shall not'' and inserting 
     ``Each such transfer shall be subject to satisfaction by the 
     recipient involved of any outstanding lien against the 
     property transferred, but no such transfer shall''.
       (b) Section 522 of title 28, United States Code, is amended 
     by inserting ``(a)'' before ``The'', and by inserting at the 
     end the following:
       ``(b) With respect to any data, records, or other 
     information acquired, collected, classified, preserved, or 
     published by the Attorney General for any statistical, 
     research, or other aggregate reporting purpose beginning not 
     later than 1 year after the date of enactment of 21st Century 
     Department of Justice Appropriations Authorization Act and 
     continuing thereafter, and notwithstanding any other 
     provision of law, the

[[Page H6592]]

     same criteria shall be used (and shall be required to be 
     used, as applicable) to classify or categorize offenders 
     and victims (in the criminal context), and to classify or 
     categorize actors and acted upon (in the noncriminal 
     context).''.
       (c) Section 534(a)(3) of title 28, United States Code, is 
     amended by adding ``and'' after the semicolon.
       (d) Section 509(3) of title 28, United States Code, is 
     amended by striking the 2d period.
       (e) Section 533 of title 28, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by adding after paragraph (2) a new paragraph as 
     follows:
       ``(3) to assist in the protection of the person of the 
     Attorney General.''.
       (f) No compensation or reimbursement paid pursuant to 
     section 501(a) of Public Law 99-603 (100 Stat. 3443) or 
     section 241(i) of the Act of June 27, 1952 (ch. 477) shall be 
     subject to section 6503(d) of title 31, United States Code, 
     and no funds available to the Attorney General may be used to 
     pay any assessment made pursuant to such section 6503 with 
     respect to any such compensation or reimbursement.
       (g) Section 108 of Public Law 103-121 (107 Stat. 1164) is 
     amended by replacing ``three'' with ``six'', by replacing 
     ``only'' with ``, first,'', and by replacing ``litigation.'' 
     with ``litigation, and, thereafter, for financial systems, 
     and other personnel, administrative, and litigation expenses 
     of debt collection activities.''.

     SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE 
                   DEPARTMENT OF JUSTICE.

       (a) Section 529 of title 28, United States Code, is amended 
     by inserting ``(a)'' before ``Beginning'', and by adding at 
     the end the following:
       ``(b) Notwithstanding any provision of law limiting the 
     amount of management or administrative expenses, the Attorney 
     General shall, not later than May 2, 2003, and of every year 
     thereafter, prepare and provide to the Committees on the 
     Judiciary and Appropriations of each House of the Congress 
     using funds available for the underlying programs--
       ``(1) a report identifying and describing every grant 
     (other than one made to a governmental entity, pursuant to a 
     statutory formula), cooperative agreement, or programmatic 
     services contract that was made, entered into, awarded, or, 
     for which additional or supplemental funds were provided in 
     the immediately preceding fiscal year, by or on behalf of the 
     Office of Justice Programs (including any component or unit 
     thereof, and the Office of Community Oriented Policing 
     Services), and including, without limitation, for each such 
     grant, cooperative agreement, or contract: the term, the 
     dollar amount or value, a description of its specific purpose 
     or purposes, the names of all grantees or parties, the names 
     of each unsuccessful applicant or bidder, and a description 
     of the specific purpose or purposes proposed in each 
     unsuccessful application or bid, and of the reason or reasons 
     for rejection or denial of the same; and
       ``(2) a report identifying and reviewing every grant (other 
     than one made to a governmental entity, pursuant to a 
     statutory formula), cooperative agreement, or programmatic 
     services contract over $5,000,000 made, entered into, 
     awarded, or for which additional or supplemental funds were 
     provided, after October 1, 2002, by or on behalf of the 
     Office of Justice Programs (including any component or unit 
     thereof, and the Office of Community Oriented Policing 
     Services) that was programmatically and financially closed 
     out or that otherwise ended in the immediately preceding 
     fiscal year (or even if not yet closed out, was terminated or 
     otherwise ended in the fiscal year that ended 2 years before 
     the end of such immediately preceding fiscal year), and 
     including, without limitation, for each such grant, 
     cooperative agreement, or contract: a description of how the 
     appropriated funds involved actually were spent, statistics 
     relating to its performance, its specific purpose or 
     purposes, and its effectiveness, and a written declaration by 
     each non-Federal grantee and each non-Federal party to such 
     agreement or to such contract, that--
       ``(A) the appropriated funds were spent for such purpose or 
     purposes, and only such purpose or purposes;
       ``(B) the terms of the grant, cooperative agreement, or 
     contract were complied with; and
       ``(C) all documentation necessary for conducting a full and 
     proper audit under generally accepted accounting principles, 
     and any (additional) documentation that may have been 
     required under the grant, cooperative agreement, or contract, 
     have been kept in orderly fashion and will be preserved for 
     not less than 3 years from the date of such close out, 
     termination, or end;
     except that the requirement of this paragraph shall be deemed 
     satisfied with respect to any such description, statistics, 
     or declaration if such non-Federal grantee or such non-
     Federal party shall have failed to provide the same to the 
     Attorney General, and the Attorney General notes the fact of 
     such failure and the name of such grantee or such party in 
     the report.''.
       (b) Section 1913 of title 18, United States Code, is 
     amended by striking ``to favor'' and inserting ``a 
     jurisdiction, or an official of any government, to favor, 
     adopt,'', by inserting ``, law, ratification, policy,'' after 
     ``legislation'' every place it appears, by striking ``by 
     Congress'' the 2d place it appears, by inserting ``or such 
     official'' before ``, through the proper'', by inserting ``, 
     measure,'' before ``or resolution'', by striking ``Members of 
     Congress on the request of any Member'' and inserting ``any 
     such Member or official, at his request,'', by striking ``for 
     legislation'' and inserting ``for any legislation'', and by 
     striking the period and the paragraph following ``business'' 
     and inserting ``, or from making any communication whose 
     prohibition by this section might, in the opinion of the 
     Attorney General, violate the Constitution or interfere with 
     the conduct of foreign policy, counter-intelligence, 
     intelligence, or national security activities. Violations of 
     this section shall constitute violations of section 1352(a) 
     of title 31.''.
       (c) Section 1516(a) of title 18, United States Code, is 
     amended by inserting ``, entity, or program'' after 
     ``person'', and by inserting ``grant, or cooperative 
     agreement,'' after ``subcontract,''.
       (d) Section 112 of title I of section 101(b) of division A 
     of Public Law 105-277 (112 Stat. 2681-67) is amended by 
     striking ``fiscal year'' and all that follows through 
     ``Justice--'', and inserting ``any fiscal year the Attorney 
     General--''.
       (e) Section 2320(f) of title 18, United States Code, is 
     amended--
       (1) by striking ``title 18'' each place it appears and 
     inserting ``this title''; and
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (3) by inserting ``(1)'' after ``(f)''; and
       (4) by adding at the end the following:
       ``(2)(A) The report under paragraph (1), with respect to 
     criminal infringement of copyright, shall include the 
     following:
       ``(i) The number of infringement cases in these categories: 
     audiovisual (videos and films); audio (sound recordings); 
     literary works (books and musical compositions); computer 
     programs; video games; and, others.
       ``(ii) The number of online infringement cases.
       ``(iii) The number and dollar amounts of fines assessed in 
     specific categories of dollar amounts. These categories shall 
     be: no fines ordered; fines under $500; fines from $500 to 
     $1,000; fines from $1,000 to $5,000; fines from $5,000 to 
     $10,000; and fines over $10,000.
       ``(iv) The total amount of restitution ordered in all 
     copyright infringement cases.
       ``(B) In this paragraph, the term `online infringement 
     cases' as used in paragraph (2) means those cases where the 
     infringer--
       ``(i) advertised or publicized the infringing work on the 
     Internet; or
       ``(ii) made the infringing work available on the Internet 
     for download, reproduction, performance, or distribution by 
     other persons.
       ``(C) The information required under subparagraph (A) shall 
     be submitted in the report required in fiscal year 2005 and 
     thereafter.''.

     SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY 
                   GENERAL.

       Section 535 of title 28, United States Code, is amended in 
     subsections (a) and (b), by replacing ``title 18'' with 
     ``Federal criminal law'', and in subsection (b), by replacing 
     ``or complaint'' with ``matter, or complaint witnessed, 
     discovered, or'', and by inserting ``or the witness, 
     discoverer, or recipient, as appropriate,'' after 
     ``agency,''.

     SEC. 207. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES 
                   TERRITORIES, COMMONWEALTHS, AND POSSESSIONS.

       (a) Extended Assignment Incentive.--Chapter 57 of title 5, 
     United States Code, is amended--
       (1) in subchapter IV, by inserting at the end the 
     following:

     ``Sec. 5757. Extended assignment incentive

       ``(a) The head of an Executive agency may pay an extended 
     assignment incentive to an employee if--
       ``(1) the employee has completed at least 2 years of 
     continuous service in 1 or more civil service positions 
     located in a territory or possession of the United States, 
     the Commonwealth of Puerto Rico, or the Commonwealth of the 
     Northern Mariana Islands;
       ``(2) the agency determines that replacing the employee 
     with another employee possessing the required qualifications 
     and experience would be difficult; and
       ``(3) the agency determines it is in the best interest of 
     the Government to encourage the employee to complete a 
     specified additional period of employment with the agency in 
     the territory or possession, the Commonwealth of Puerto Rico 
     or Commonwealth of the Northern Mariana Islands, except that 
     the total amount of service performed in a particular 
     territory, commonwealth, or possession under 1 or more 
     agreements established under this section may not exceed 5 
     years.
       ``(b) The sum of extended assignment incentive payments for 
     a service period may not exceed the greater of--
       ``(1) an amount equal to 25 percent of the annual rate of 
     basic pay of the employee at the beginning of the service 
     period, times the number of years in the service period; or
       ``(2) $15,000 per year in the service period.
       ``(c)(1) Payment of an extended assignment incentive shall 
     be contingent upon the employee entering into a written 
     agreement with the agency specifying the period of service 
     and other terms and conditions under which the extended 
     assignment incentive is payable.
       ``(2) The agreement shall set forth the method of payment, 
     including any use of an initial lump-sum payment, installment 
     payments, or a final lump-sum payment upon completion of the 
     entire period of service.
       ``(3) The agreement shall describe the conditions under 
     which the extended assignment incentive may be canceled prior 
     to the completion of agreed-upon service period and the 
     effect of the cancellation. The agreement shall require that 
     if, at the time of cancellation of the incentive, the 
     employee has received incentive payments which exceed the 
     amount which bears the same relationship to the total amount 
     to be paid under the agreement as the completed service 
     period bears to the agreed-upon service period, the employee 
     shall repay that excess amount, at a minimum, except that an 
     employee who is involuntarily reassigned to a position 
     stationed outside the territory, commonwealth, or possession 
     or involuntarily separated (not for cause on

[[Page H6593]]

     charges of misconduct, delinquency, or inefficiency) may not 
     be required to repay any excess amounts.
       ``(d) An agency may not put an extended assignment 
     incentive into effect during a period in which the employee 
     is fulfilling a recruitment or relocation bonus service 
     agreement under section 5753 or for which an employee is 
     receiving a retention allowance under section 5754.
       ``(e) Extended assignment incentive payments may not be 
     considered part of the basic pay of an employee.
       ``(f) The Office of Personnel Management may prescribe 
     regulations for the administration of this section, including 
     regulations on an employee's entitlement to retain or receive 
     incentive payments when an agreement is canceled. Neither 
     this section nor implementing regulations may impair any 
     agency's independent authority to administratively 
     determine compensation for a class of its employees.''; 
     and
       (2) in the analysis by adding at the end the following:

``5757. Extended assignment incentive.''.

       (b) Conforming Amendment.--Section 5307(a)(2)(B) of title 
     5, United States Code, is amended by striking ``or 5755'' and 
     inserting ``5755, or 5757''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after 6 months after the date of 
     enactment of this Act.
       (d) Report.--No later than 3 years after the effective date 
     of this section, the Office of Personnel Management, after 
     consultation with affected agencies, shall submit a report to 
     Congress assessing the effectiveness of the extended 
     assignment incentive authority as a human resources 
     management tool and making recommendations for any changes 
     necessary to improve the effectiveness of the incentive 
     authority. Each agency shall maintain such records and report 
     such information, including the number and size of incentive 
     offers made and accepted or declined by geographic location 
     and occupation, in such format and at such times as the 
     Office of Personnel Management may prescribe, for use in 
     preparing the report.
                        TITLE III--MISCELLANEOUS

     SEC. 301. REPEALERS.

       (a) Open-Ended Authorization of Appropriations for National 
     Institute of Corrections.--Chapter 319 of title 18, United 
     States Code, is amended by striking section 4353.
       (b) Open-Ended Authorization of Appropriations for United 
     States Marshals Service.--Section 561 of title 28, United 
     States Code, is amended by striking subsection (i).
       (c) Redundant Authorizations of Payments for Rewards.--
       (1) Public Law 107-56 is amended by striking section 501.
       (2) Chapter 203 of title 18, United States Code, is amended 
     by striking sections 3059, 3059A, 3059B, 3075, and all the 
     matter after the first sentence of 3072.
       (3) Public Law 101-647 is amended in section 2565, by 
     replacing all the matter after ``2561'' in subsection (c)(1) 
     with ``the Attorney General may, in his discretion, pay a 
     reward to the declarant'' and by striking subsection (e); and 
     by striking section 2569.

     SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED 
                   STATES CODE.

       Title 18 of the United States Code is amended--
       (1) in section 4041 by striking ``at a salary of $10,000 a 
     year'';
       (2) in section 4013--
       (A) in subsection (a)--
       (i) by replacing ``the support of United States prisoners'' 
     with ``Federal prisoner detention'';
       (ii) in paragraph (2) by adding ``and'' after ``hire;'';
       (iii) in paragraph (3) by replacing ``entities; and'' with 
     ``entities.''; and
       (iv) in paragraph (4) by inserting ``The Attorney General, 
     in support of Federal prisoner detainees in non-Federal 
     institutions, is authorized to make payments, from funds 
     appropriated for State and local law enforcement assistance, 
     for'' before ``entering''; and
       (B) by redesignating--
       (i) subsections (b) and (c) as subsections (c) and (d); and
       (ii) paragraph (a)(4) as subsection (b), and subparagraphs 
     (A), (B), and (C), of such paragraph (a)(4) as paragraphs 
     (1), (2), and (3) of such subsection (b); and
       (3) in section 209(a)--
       (A) by striking ``or makes'' and inserting ``makes''; and
       (B) by striking ``supplements the salary of, any'' and 
     inserting ``supplements, the salary of any''.

     SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF 
                   APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE 
                   FOR FISCAL YEARS 2004 AND 2005.

       When the President submits to the Congress the budget of 
     the United States Government for fiscal year 2004, the 
     President shall simultaneously submit to the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on the Judiciary of the Senate such proposed legislation 
     authorizing appropriations for the Department of Justice for 
     fiscal years 2004 and 2005 as the President may judge 
     necessary and expedient.

     SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS.

       Not later than 6 months after the date of enactment of this 
     Act, the Attorney General shall conduct a study to assess and 
     report to Congress the number of untested rape examination 
     kits that currently exist nationwide and shall submit to the 
     Congress a report containing a summary of the results of such 
     study. For the purpose of carrying out such study, the 
     Attorney General shall attempt to collect information from 
     all law enforcement jurisdictions in the United States.

     SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).

       (a) Report on Use of DCS 1000 (Carnivore) to Implement 
     Orders Under 18 U.S.C. 3123.--At the same time that the 
     Attorney General submits to Congress the annual reports 
     required by section 3126 of title 18, United States Code, 
     that are respectively next due after the end of each of the 
     fiscal years 2002 and 2003, the Attorney General shall also 
     submit to the Chairmen and ranking minority members of the 
     Committees on the Judiciary of the Senate and of the House of 
     Representatives a report, covering the same respective time 
     period, on the number of orders under section 3123 applied 
     for by law enforcement agencies of the Department of Justice 
     whose implementation involved the use of the DCS 1000 
     program (or any subsequent version of such program), which 
     report shall include information concerning--
       (1) the period of interceptions authorized by the order, 
     and the number and duration of any extensions of the order;
       (2) the offense specified in the order or application, or 
     extension of an order;
       (3) the number of investigations involved;
       (4) the number and nature of the facilities affected;
       (5) the identity of the applying investigative or law 
     enforcement agency making the application for an order; and
       (6) the specific persons authorizing the use of the DCS 
     1000 program (or any subsequent version of such program) in 
     the implementation of such order.
       (b) Report on Use of DCS 1000 (Carnivore) to Implement 
     Orders Under 18 U.S.C. 2518.--At the same time that the 
     Attorney General, or Assistant Attorney General specially 
     designated by the Attorney General, submits to the 
     Administrative Office of the United States Courts the annual 
     report required by section 2519(2) of title 18, United States 
     Code, that is respectively next due after the end of each of 
     the fiscal years 2002 and 2003, the Attorney General shall 
     also submit to the Chairmen and ranking minority members of 
     the Committees on the Judiciary of the Senate and of the 
     House of Representatives a report, covering the same 
     respective time period, that contains the following 
     information with respect to those orders described in that 
     annual report that were applied for by law enforcement 
     agencies of the Department of Justice and whose 
     implementation involved the use of the DCS 1000 program (or 
     any subsequent version of such program)--
       (1) the kind of order or extension applied for (including 
     whether or not the order was an order with respect to which 
     the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of 
     title 18, United States Code, did not apply by reason of 
     section 2518 (11) of title 18);
       (2) the period of interceptions authorized by the order, 
     and the number and duration of any extensions of the order;
       (3) the offense specified in the order or application, or 
     extension of an order;
       (4) the identity of the applying investigative or law 
     enforcement officer and agency making the application and the 
     person authorizing the application;
       (5) the nature of the facilities from which or place where 
     communications were to be intercepted;
       (6) a general description of the interceptions made under 
     such order or extension, including--
       (A) the approximate nature and frequency of incriminating 
     communications intercepted;
       (B) the approximate nature and frequency of other 
     communications intercepted;
       (C) the approximate number of persons whose communications 
     were intercepted;
       (D) the number of orders in which encryption was 
     encountered and whether such encryption prevented law 
     enforcement from obtaining the plain text of communications 
     intercepted pursuant to such order; and
       (E) the approximate nature, amount, and cost of the 
     manpower and other resources used in the interceptions;
       (7) the number of arrests resulting from interceptions made 
     under such order or extension, and the offenses for which 
     arrests were made;
       (8) the number of trials resulting from such interceptions;
       (9) the number of motions to suppress made with respect to 
     such interceptions, and the number granted or denied;
       (10) the number of convictions resulting from such 
     interceptions and the offenses for which the convictions were 
     obtained and a general assessment of the importance of the 
     interceptions; and
       (11) the specific persons authorizing the use of the DCS 
     1000 program (or any subsequent version of such program) in 
     the implementation of such order.

     SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall submit a report to the 
     chairman and ranking minority member of the Committees on the 
     Judiciary of the House of Representatives and Committee on 
     the Judiciary of the Senate, detailing the distribution or 
     allocation of appropriated funds, attorneys and other 
     personnel, and per-attorney workloads, for each Office of 
     United States Attorney and each division of the Department of 
     Justice except the Justice Management Division.

     SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER 
                   INCARCERATION GRANTS.

       Section 20105(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended to 
     read as follows:
       ``(b) Use of Truth-in-Sentencing and Violent Offender 
     Incarceration Grants.--Funds provided under section 20103 or 
     20104 may be applied to the cost of--

[[Page H6594]]

       ``(1) altering existing correctional facilities to provide 
     separate facilities for juveniles under the jurisdiction of 
     an adult criminal court who are detained or are serving 
     sentences in adult prisons or jails;
       ``(2) providing correctional staff who are responsible for 
     supervising juveniles who are detained or serving sentences 
     under the jurisdiction of an adult criminal court with 
     orientation and ongoing training regarding the unique needs 
     of such offenders; and
       ``(3) providing ombudsmen to monitor the treatment of 
     juveniles who are detained or serving sentences under the 
     jurisdiction of an adult criminal court in adult facilities, 
     consistent with guidelines issued by the Assistant Attorney 
     General.

     SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
                   GENERAL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) except as specified in subsection (a) and paragraph 
     (3), may investigate allegations of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice, or may, in the discretion of the Inspector General, 
     refer such allegations to the Office of Professional 
     Responsibility or the internal affairs office of the 
     appropriate component of the Department of Justice;
       ``(3) shall refer to the Counsel, Office of Professional 
     Responsibility of the Department of Justice, allegations of 
     misconduct involving Department attorneys, investigators, or 
     law enforcement personnel, where the allegations relate to 
     the exercise of the authority of an attorney to investigate, 
     litigate, or provide legal advice, except that no such 
     referral shall be made if the attorney is employed in the 
     Office of Professional Responsibility;
       ``(4) may investigate allegations of criminal wrongdoing or 
     administrative misconduct by a person who is the head of any 
     agency or component of the Department of Justice; and
       ``(5) shall forward the results of any investigation 
     conducted under paragraph (4), along with any appropriate 
     recommendation for disciplinary action, to the Attorney 
     General.''; and
       (2) by adding at the end the following:
       ``(d) The Attorney General shall ensure by regulation that 
     any component of the Department of Justice receiving a 
     nonfrivolous allegation of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice, except with respect to allegations described in 
     subsection (b)(3), shall report that information to the 
     Inspector General.''.

     SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.

       (a) Appointment of Oversight Official Within the Office of 
     Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Justice shall direct that 1 official from the office of the 
     Inspector General be responsible for supervising and 
     coordinating independent oversight of programs and operations 
     of the Federal Bureau of Investigation until September 30, 
     2004.
       (2) Continuation of oversight.--The Inspector General may 
     continue individual oversight in accordance with paragraph 
     (1) after September 30, 2004, at the discretion of the 
     Inspector General.
       (b) Inspector General Oversight Plan for the Federal Bureau 
     of Investigation.--Not later than 30 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Justice shall submit to the Chairperson and 
     ranking member of the Committees on the Judiciary of the 
     Senate and the House of Representatives, a plan for oversight 
     of the Federal Bureau of Investigation, which plan may 
     include--
       (1) an audit of the financial systems, information 
     technology systems, and computer security systems of the 
     Federal Bureau of Investigation;
       (2) an audit and evaluation of programs and processes of 
     the Federal Bureau of Investigation to identify systemic 
     weaknesses or implementation failures and to recommend 
     corrective action;
       (3) a review of the activities of internal affairs offices 
     of the Federal Bureau of Investigation, including the 
     Inspections Division and the Office of Professional 
     Responsibility;
       (4) an investigation of allegations of serious misconduct 
     by personnel of the Federal Bureau of Investigation;
       (5) a review of matters relating to any other program or 
     operation of the Federal Bureau of Investigation that the 
     Inspector General determines requires review; and
       (6) an identification of resources needed by the Inspector 
     General to implement a plan for oversight of the Federal 
     Bureau of Investigation.
       (c) Report on Inspector General for Federal Bureau of 
     Investigation.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report and recommendation to the Chairperson and ranking 
     member of the Committees on the Judiciary of the Senate and 
     the House of Representatives concerning--
       (1) whether there should be established, within the 
     Department of Justice, a separate office of the Inspector 
     General for the Federal Bureau of Investigation that shall be 
     responsible for supervising independent oversight of programs 
     and operations of the Federal Bureau of Investigation;
       (2) what changes have been or should be made to the rules, 
     regulations, policies, or practices governing the Federal 
     Bureau of Investigation in order to assist the Office of the 
     Inspector General in effectively exercising its authority to 
     investigate the conduct of employees of the Federal Bureau of 
     Investigation;
       (3) what differences exist between the methods and 
     practices used by different Department of Justice components 
     in the investigation and adjudication of alleged misconduct 
     by Department of Justice personnel;
       (4) what steps should be or are being taken to make the 
     methods and practices described in paragraph (3) uniform 
     throughout the Department of Justice; and
       (5) whether a set of recommended guidelines relating to the 
     discipline of Department of Justice personnel for misconduct 
     should be developed, and what factors, such as the nature and 
     seriousness of the misconduct, the prior history of the 
     employee, and the rank and seniority of the employee at the 
     time of the misconduct, should be taken into account in 
     establishing such recommended disciplinary guidelines.

     SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

       (a) Department of Justice.--There is authorized to be 
     appropriated $2,000,000 to the Department of Justice for 
     fiscal year 2003--
       (1) for salary, pay, retirement, and other costs associated 
     with increasing the staffing level of the Office of Inspector 
     General by 25 full-time employees who shall conduct an 
     increased number of audits, inspections, and investigations 
     of alleged misconduct by employees of the Federal Bureau of 
     Investigation;
       (2) to fund expanded audit coverage of the grant programs 
     administered by the Office of Justice Programs of the 
     Department of Justice; and
       (3) to conduct special reviews of efforts by the Federal 
     Bureau of Investigation to implement recommendations made by 
     the Office of Inspector General in reports on alleged 
     misconduct by the Bureau.
       (b) Federal Bureau of Investigation.--There is authorized 
     to be appropriated $1,700,000 to the Federal Bureau of 
     Investigation for fiscal year 2003 for salary, pay, 
     retirement, and other costs associated with increasing the 
     staffing level of the Office of Professional Responsibility 
     by 10 full-time special agents and 4 full-time support 
     employees.

     SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW 
                   ENFORCEMENT OFFICERS, UNITED STATES JUDGES, 
                   UNITED STATES OFFICIALS AND THEIR FAMILIES.

       (a) Repeal of Compilation of Statistics Relating To 
     Intimidation Of Government Employees.--Section 808 of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132; 110 Stat.1310) is repealed.
       (b) Report on Threats and Assaults Against Federal Law 
     Enforcement Officers, United States Judges, United States 
     Officials and Their Families.--Not later than 45 days after 
     the end of fiscal year 2002, the Attorney General shall 
     submit to the Chairmen and ranking minority members of the 
     Committees on the Judiciary of the Senate and of the House of 
     Representatives a report on the number of investigations and 
     prosecutions under section 111 of title 18, United States 
     Code, and section 115 of title 18, United States Code, for 
     the fiscal year 2002.

     SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.

       (a) Permanent District Judges for the District Courts.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 5 additional district judges for the southern district 
     of California;
       (B) 1 additional district judge for the western district of 
     North Carolina; and
       (C) 2 additional district judges for the western district 
     of Texas.
       (2) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, will, with respect to 
     each judicial district, reflect the changes in the total 
     number of permanent district judgeships authorized as a 
     result of paragraph (1) of this subsection, such table is 
     amended--
       (A) by striking the item relating to California and 
     inserting the following:

``California:
    Northern....................................................14 ....

    Eastern..................................................... 6 ....

    Central.....................................................27 ....

    Southern.................................................13''; ....

       (B) by striking the item relating to North Carolina and 
     inserting the following:

``North Carolina:

    Eastern..................................................... 4 ....

    Middle...................................................... 4 ....

    Western.................................................. 4''; ....

     and
       (C) by striking the item relating to Texas and inserting 
     the following:

``Texas:

    Northern....................................................12 ....

    Southern....................................................19 ....

    Eastern..................................................... 7 ....

    Western..................................................13''. ....

       (3) Effective date.--This subsection shall take effect on 
     July 15, 2003.
       (b) District Judgeships for the Central and Southern 
     Districts of Illinois, the Northern District of New York, and 
     the Eastern District of Virginia.--
       (1) Conversion of temporary judgeships to permanent 
     judgeships.--The existing district judgeships for the central 
     district and the southern district of Illinois, the northern 
     district of New York, and the eastern district of Virginia 
     authorized by section 203(c) (3), (4), (9), and (12) of the 
     Judicial Improvements Act of 1990 (Public Law 101-650, 28 
     U.S.C. 133 note) shall be authorized under section 133 of 
     title 28, United States Code, and the incumbents in such 
     offices shall hold the offices under section 133 of title 28, 
     United States Code (as amended by this section).
       (2) Technical and conforming amendment.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended--
       (A) by striking the item relating to Illinois and inserting 
     the following:


[[Page H6595]]


``Illinois:

    Northern....................................................22 ....

    Central..................................................... 4 ....

    Southern................................................. 4''; ....

       (B) by striking the item relating to New York and inserting 
     the following:

``New York:

    Northern.................................................... 5 ....

    Southern....................................................28 ....

    Eastern.....................................................15 ....

    Western.................................................. 4''; ....

     and
       (C) by striking the item relating to Virginia and inserting 
     the following:

``Virginia:

    Eastern.....................................................11 ....

    Western.................................................. 4''. ....

       (3) Effective date.--With respect to the central or 
     southern district of Illinois, the northern district of New 
     York, or the eastern district of Virginia, this subsection 
     shall take effect on the earlier of--
       (A) the date on which the first vacancy in the office of 
     district judge occurs in such district; or
       (B) July 15, 2003.
       (c) Temporary Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 1 additional district judge for the northern district 
     of Alabama;
       (B) 1 additional judge for the district of Arizona;
       (C) 1 additional judge for the central district of 
     California;
       (D) 1 additional judge for the southern district of 
     Florida;
       (E) 1 additional district judge for the district of New 
     Mexico;
       (F) 1 additional district judge for the western district of 
     North Carolina; and
       (G) 1 additional district judge for the eastern district of 
     Texas.
       (2) Vacancies not filled.--The first vacancy in the office 
     of district judge in each of the offices of district judge 
     authorized by this subsection, occurring 10 years or more 
     after the confirmation date of the judge named to fill the 
     temporary district judgeship created in the applicable 
     district by this subsection, shall not be filled.
       (3) Effective date.--This subsection shall take effect on 
     July 15, 2003.
       (d) Extension of Temporary Federal District Court Judgeship 
     for the Northern District of Ohio.--
       (1) In general.--Section 203(c) of the Judicial Improvement 
     Act of 1990 (28 U.S.C. 133 note) is amended--
       (A) in the first sentence following paragraph (12), by 
     striking ``and the eastern district of Pennsylvania'' and 
     inserting ``, the eastern district of Pennsylvania, and the 
     northern district of Ohio''; and
       (B) by inserting after the third sentence following 
     paragraph (12) ``The first vacancy in the office of district 
     judge in the northern district of Ohio occurring 15 years or 
     more after the confirmation date of the judge named to fill 
     the temporary judgeship created under this subsection shall 
     not be filled.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, including such sums as may be necessary to 
     provide appropriate space and facilities for the judicial 
     positions created by this section.
                    TITLE IV--VIOLENCE AGAINST WOMEN

      SEC. 401. SHORT TITLE.

       This title may be cited as the ``Violence Against Women 
     Office Act''.

      SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

       Part T of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--
       (1) in section 2002(d)--
       (A) in paragraph (2), by striking ``section 2005'' and 
     inserting ``section 2010''; and
       (B) in paragraph (3), by striking ``section 2006'' and 
     inserting ``section 2011'';
       (2) by redesignating sections 2002 through 2006 as sections 
     2006 through 2011, respectively; and
       (3) by inserting after section 2001 the following:

     ``SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

       ``(a) In General.--There is hereby established within the 
     Department of Justice, under the general authority of the 
     Attorney General, a Violence Against Women Office (in this 
     part referred to as the ``Office").
       ``(b) Separate Office.--The Office shall be a separate and 
     distinct office within the Department of Justice, headed by a 
     Director, who shall report to the Attorney General and serve 
     as Counsel to the Attorney General on the subject of violence 
     against women, and who shall have final authority over all 
     grants, cooperative agreements, and contracts awarded by the 
     Office.
       ``(c) Jurisdiction.--Under the general authority of the 
     Attorney General, the Office--
       ``(1) shall have sole jurisdiction over all duties and 
     functions described in section 2004; and
       ``(2) shall be solely responsible for coordination with 
     other departments, agencies, or offices of all activities 
     authorized or undertaken under the Violence Against Women Act 
     of 1994 (title VI of Public 103-322) and the Violence Against 
     Women Act of 2000 (Division B of Public Law 106-386).

     ``SEC. 2003. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.

       ``(a) Appointment.--The President, by and with the advice 
     and consent of the Senate, shall appoint a Director for the 
     Violence Against Women Office (in this title referred to as 
     the `Director') to be responsible, under the general 
     authority of the Attorney General, for the administration, 
     coordination, and implementation of the programs and 
     activities of the Office.
       ``(b) Other Employment.--The Director shall not--
       ``(1) engage in any employment other than that of serving 
     as Director; or
       ``(2) hold any office in, or act in any capacity for, any 
     organization, agency, or institution with which the Office 
     makes any contract or other agreement under the Violence 
     Against Women Act of 1994 (title IV of Public Law 103-322) or 
     the Violence Against Women Act of 2000 (division B of Public 
     Law 106-386).
       ``(c) Vacancy.--In the case of a vacancy, the President may 
     designate an officer or employee who shall act as Director 
     during the vacancy.
       ``(d) Compensation.--The Director shall be compensated at a 
     rate of pay not to exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

     ``SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE 
                   AGAINST WOMEN OFFICE.

       The Director shall have the following duties:
       ``(1) Maintaining liaison with the judicial branches of the 
     Federal and State Governments on matters relating to violence 
     against women.
       ``(2) Providing information to the President, the Congress, 
     the judiciary, State, local, and tribal governments, and the 
     general public on matters relating to violence against women.
       ``(3) Serving, at the request of the Attorney General, as 
     the representative of the Department of Justice on domestic 
     task forces, committees, or commissions addressing policy or 
     issues relating to violence against women.
       ``(4) Serving, at the request of the President, acting 
     through the Attorney General, as the representative of the 
     United States Government on human rights and economic justice 
     matters related to violence against women in international 
     fora, including, but not limited to, the United Nations.
       ``(5) Carrying out the functions of the Department of 
     Justice under the Violence Against Women Act of 1994 (title 
     IV of Public Law 103-322) and the Violence Against Women Act 
     of 2000 (division B of Public Law 106-386), including with 
     respect to those functions--
       ``(A) the development of policy, protocols, and guidelines;
       ``(B) the development and management of grant programs and 
     other programs, and the provision of technical assistance 
     under such programs; and
       ``(C) the award and termination of grants, cooperative 
     agreements, and contracts.
       ``(6) Providing technical assistance, coordination, and 
     support to--
       ``(A) other components of the Department of Justice, in 
     efforts to develop policy and to enforce Federal laws 
     relating to violence against women, including the litigation 
     of civil and criminal actions relating to enforcing such 
     laws;
       ``(B) other Federal, State, local, and tribal agencies, in 
     efforts to develop policy, provide technical assistance, and 
     improve coordination among agencies carrying out efforts to 
     eliminate violence against women, including Indian or 
     indigenous women; and
       ``(C) grantees, in efforts to combat violence against women 
     and to provide support and assistance to victims of such 
     violence.
       ``(7) Exercising such other powers and functions as may be 
     vested in the Director pursuant to this part or by delegation 
     of the Attorney General.
       ``(8) Establishing such rules, regulations, guidelines, and 
     procedures as are necessary to carry out any function of the 
     Office.

     ``SEC. 2005. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

       ``The Attorney General shall ensure that the Director has 
     adequate staff to support the Director in carrying out the 
     Director's responsibilities under this part.''.

     ``SEC. 2006. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this part for each fiscal year until 
     fiscal year 2005.''.

     SEC. 403. EFFECTIVE DATE.

       This title shall take effect 90 days after this bill 
     becomes law.
                   DIVISION B--MISCELLANEOUS DIVISION
                TITLE I--BOYS AND GIRLS CLUBS OF AMERICA

     SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA.

       Section 401 of the Economic Espionage Act of 1996 (42 
     U.S.C. 13751 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``1,000'' and inserting ``1,200'';
       (B) by striking ``2,500'' and inserting ``4,000''; and
       (C) by striking ``December 31, 1999'' and inserting 
     ``December 31, 2005, serving not less than 5,000,000 young 
     people'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``1997, 1998, 1999, 2000, 
     and 2001'' and inserting ``2002, 2003, 2004, 2005, and 
     2006''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``1,000'' and 
     inserting ``1,200''; and
       (ii) in subparagraph (B), by striking ``2,500 Boys and 
     Girls Clubs of America facilities in operation before January 
     1, 2000'' and inserting ``4,000 Boys and Girls Clubs of 
     America facilities in operation before January 1, 2007''; and
       (3) in subsection (e), by striking paragraph (1) and 
     paragraph (2) and inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $70,000,000 for fiscal year 2002;
       ``(B) $80,000,000 for fiscal year 2003;
       ``(C) $80,000,000 for fiscal year 2004; and
       ``(D) $80,000,000 for fiscal year 2005.''.

[[Page H6596]]

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``Drug Abuse Education, 
     Prevention, and Treatment Act of 2002''.
                Subtitle A--Drug-Free Prisons and Jails

     SEC. 2101. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT 
                   GRANTS TO PROVIDE FOR SERVICES DURING AND AFTER 
                   INCARCERATION.

       Section 1901 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended by 
     adding at the end the following:
       ``(c) Additional Use of Funds.--States that demonstrate 
     that they have existing in-prison drug treatment programs 
     that are in compliance with Federal requirements may use 
     funds awarded under this part for treatment and sanctions 
     both during incarceration and after release.''.

     SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

       Part S of the Omnibus Crime Control and Safe Streets Act of 
     1968 is amended--
       (1) in section 1901(a)--
       (A) by striking ``purpose of developing'' and inserting the 
     following: ``purpose of--
       ``(1) developing''; and
       (B) striking the period at the end and inserting ``; and''; 
     and
       (C) by adding at the end the following:
       ``(2) encouraging the establishment and maintenance of 
     drug-free prisons and jails.'';
       (2) in section 1902, by adding at the end the following:
       ``(f) Use of Grant Amounts for Nonresidential Aftercare 
     Services.--A State may use amounts received under this part 
     to provide nonresidential substance abuse treatment aftercare 
     services for inmates or former inmates that meet the 
     requirements of subsection (c), if the chief executive 
     officer of the State certifies to the Attorney General that 
     the State is providing, and will continue to provide, an 
     adequate level of residential treatment services.''; and
       (3) in section 1904, by adding at the end the following:
       ``(c) Local Allocation.--At least 10 percent of the total 
     amount made available to a State under section 1904(a) for 
     any fiscal year shall be used by the State to make grants to 
     local correctional and detention facilities in the State 
     (provided such facilities exist therein), for the purpose of 
     assisting jail-based substance abuse treatment programs that 
     are effective and science-based established by those local 
     correctional facilities.''.

     SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPERVISED 
                   RELEASE FOR FAILING A DRUG TEST.

       (a) Revocation of Probation.--Section 3565(b) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by striking ``(4),'' and inserting 
     ``(4); or''; and
       (3) by adding after paragraph (3) the following:
       ``(4) as a part of drug testing, tests positive for illegal 
     controlled substances more than 3 times over the course of 1 
     year;''.
       (b) Revocation of Supervised Release.--Section 3583(g) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by inserting ``or'' after the 
     semicolon; and
       (3) by adding after paragraph (3) the following:
       ``(4) as a part of drug testing, tests positive for illegal 
     controlled substances more than 3 times over the course of 1 
     year;''.
                  Subtitle B--Treatment and Prevention

     SEC. 2201. REPORT ON DRUG-TESTING TECHNOLOGIES.

       (a) Requirement.--The National Institute of Justice shall 
     conduct a study of drug-testing technologies in order to 
     identify and assess the efficacy, accuracy, and usefulness 
     for purposes of the National effort to detect the use of 
     illicit drugs of any drug-testing technologies (including the 
     testing of hair) that may be used as alternatives or 
     complements to urinalysis as a means of detecting the use of 
     such drugs.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Institute shall submit to Congress 
     a report on the results of the study conducted under 
     subsection (a).

     SEC. 2202. DRUG AND SUBSTANCE ABUSE TREATMENT, PREVENTION, 
                   EDUCATION, AND RESEARCH STUDY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the President, after consultation with 
     the Attorney General, Secretary of Health and Human Services, 
     Secretary of Education, and other appropriate Federal 
     officers, shall--
       (1) conduct a thorough review of all Federal drug and 
     substance abuse treatment, prevention, education, and 
     research programs; and
       (2) make such recommendations to Congress as the President 
     may judge necessary and expedient to streamline, consolidate, 
     coordinate, simplify, and more effectively conduct and 
     deliver drug and substance abuse treatment, prevention, and 
     education.
       (b) Report to Congress.--The report to Congress shall--
       (1) contain a survey of all Federal drug and substance 
     abuse treatment, prevention, education, and research 
     programs;
       (2) indicate the legal authority for each program, the 
     amount of funding in the last 2 fiscal years for each 
     program, and a brief description of the program; and
       (3) identify authorized programs that were not funded in 
     fiscal year 2002 or 2003.

     SEC. 2203. DRUG ABUSE AND ADDICTION RESEARCH.

       Section 464N of the Public Health Service Act (42 U.S.C. 
     285o-2) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Drug Abuse and Addition Research.--
       ``(1) Grants or cooperative agreements.--The Director of 
     the Institute may make grants or enter into cooperative 
     agreements to expand the current and ongoing 
     interdisciplinary research and clinical trials with treatment 
     centers of the National Drug Abuse Treatment Clinical Trials 
     Network relating to drug abuse and addiction, including 
     related biomedical, behavioral, and social issues.
       ``(2) Use of funds.--Amounts made available under a grant 
     or cooperative agreement under paragraph (1) for drug abuse 
     and addiction may be used for research and clinical trials 
     relating to--
       ``(A) the effects of drug abuse on the human body, 
     including the brain;
       ``(B) the addictive nature of drugs and how such effects 
     differ with respect to different individuals;
       ``(C) the connection between drug abuse and mental health;
       ``(D) the identification and evaluation of the most 
     effective methods of prevention of drug abuse and addiction;
       ``(E) the identification and development of the most 
     effective methods of treatment of drug addiction, including 
     pharmacological treatments;
       ``(F) risk factors for drug abuse;
       ``(G) effects of drug abuse and addiction on pregnant women 
     and their fetuses; and
       ``(H) cultural, social, behavioral, neurological, and 
     psychological reasons that individuals abuse drugs, or 
     refrain from abusing drugs.
       ``(3) Research results.--The Director shall promptly 
     disseminate research results under this subsection to 
     Federal, State, and local entities involved in combating drug 
     abuse and addiction.
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out this subsection such sums as may be necessary 
     for each fiscal year.
       ``(B) Supplement not supplant.--Amounts appropriated 
     pursuant to the authorization of appropriations in 
     subparagraph (A) for a fiscal year shall supplement and not 
     supplant any other amounts appropriated in such fiscal year 
     for research on drug abuse and addiction.''.
                        Subtitle C--Drug Courts

     SEC. 2301. DRUG COURTS.

       (a) Drug Courts.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
     by inserting after part DD the following new part:
                         ``PART EE--DRUG COURTS

     ``SEC. 2951. GRANT AUTHORITY.

       ``(a) In General.--The Attorney General may make grants to 
     States, State courts, local courts, units of local 
     government, and Indian tribal governments, acting directly or 
     through agreements with other public or private entities, for 
     adult drug courts, juvenile drug courts, family drug courts, 
     and tribal drug courts that involve--
       ``(1) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders;
       ``(2) coordination with the appropriate State or local 
     prosecutor; and
       ``(3) the integrated administration of other sanctions and 
     services, which shall include--
       ``(A) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       ``(B) substance abuse treatment for each participant;
       ``(C) diversion, probation, or other supervised release 
     involving the possibility of prosecution, confinement, or 
     incarceration based on noncompliance with program 
     requirements or failure to show satisfactory progress;
       ``(D) offender management, and aftercare services such as 
     relapse prevention, health care, education, vocational 
     training, job placement, housing placement, and child care or 
     other family support services for each participant who 
     requires such services;
       ``(E) payment, in whole or part, by the offender of 
     treatment costs, to the extent practicable, such as costs for 
     urinalysis or counseling; and
       ``(F) payment, in whole or part, by the offender of 
     restitution, to the extent practicable, to either a victim of 
     the offender's offense or to a restitution or similar victim 
     support fund.
       ``(b) Limitation.--Economic sanctions imposed on an 
     offender pursuant to this section shall not be at a level 
     that would interfere with the offender's rehabilitation.

     ``SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT 
                   OFFENDERS.

       ``The Attorney General shall--
       ``(1) issue regulations or guidelines to ensure that the 
     programs authorized in this part do not permit participation 
     by violent offenders; and
       ``(2) immediately suspend funding for any grant under this 
     part, pending compliance, if the Attorney General finds that 
     violent offenders are participating in any program funded 
     under this part.

     ``SEC. 2953. DEFINITION.

       ``(a) In General.--Except as provided in subsection (b), in 
     this part, the term `violent offender' means a person who--
       ``(1) is charged with or convicted of an offense, during 
     the course of which offense or conduct--
       ``(A) the person carried, possessed, or used a firearm or 
     dangerous weapon;
       ``(B) there occurred the death of or serious bodily injury 
     to any person; or

[[Page H6597]]

       ``(C) there occurred the use of force against the person of 
     another, without regard to whether any of the circumstances 
     described in subparagraph (A) or (B) is an element of the 
     offense or conduct of which or for which the person is 
     charged or convicted; or
       ``(2) has 1 or more prior convictions for a felony crime of 
     violence involving the use or attempted use of force against 
     a person with the intent to cause death or serious bodily 
     harm.
       ``(b) Definition for Purposes of Juvenile Drug Courts.--For 
     purposes of juvenile drug courts, the term `violent offender' 
     means a juvenile who has been convicted of, or adjudicated 
     delinquent for, an offense that--
       ``(1) has as an element, the use, attempted use, or 
     threatened use of physical force against the person or 
     property of another, or the possession or use of a firearm; 
     or
       ``(2) by its nature, involves a substantial risk that 
     physical force against the person or property of another may 
     be used in the course of committing the offense.

     ``SEC. 2954. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services and any other 
     appropriate officials in carrying out this part.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this part.
       ``(c) Regulatory Authority.--The Attorney General may issue 
     regulations and guidelines necessary to carry out this part.
       ``(d) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan that shall provide for the consultation 
     and coordination with appropriate State and local 
     prosecutors, particularly when program participants fail to 
     comply with program requirements;
       ``(2) explain the applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available;
       ``(4) identify related governmental or community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate consultation 
     with all affected agencies and that there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(6) certify that participating offenders will be 
     supervised by 1 or more designated judges with responsibility 
     for the drug court program;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support; and
       ``(8) describe the methodology that will be used in 
     evaluating the program.

     ``SEC. 2955. APPLICATIONS.

       ``To request funds under this part, the chief executive or 
     the chief justice of a State or the chief executive or judge 
     of a unit of local government or Indian tribal government, or 
     the chief judge of a State court or the judge of a local 
     court or Indian tribal court shall submit an application to 
     the Attorney General in such form and containing such 
     information as the Attorney General may reasonably require.

     ``SEC. 2956. FEDERAL SHARE.

       ``(a) In General.--The Federal share of a grant made under 
     this part may not exceed 75 percent of the total costs of the 
     program described in the application submitted under section 
     2955 for the fiscal year for which the program receives 
     assistance under this part, unless the Attorney General 
     waives, wholly or in part, the requirement of a matching 
     contribution under this section.
       ``(b) In-Kind Contributions.--In-kind contributions may 
     constitute a portion of the non-Federal share of a grant.

     ``SEC. 2957. DISTRIBUTION AND ALLOCATION.

       ``(a) Geographic Distribution.--The Attorney General shall 
     ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made.
       ``(b) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this part have been funded, such 
     State, together with grantees within the State (other than 
     Indian tribes), shall be allocated in each fiscal year under 
     this part not less than 0.50 percent of the total amount 
     appropriated in the fiscal year for grants pursuant to this 
     part.

     ``SEC. 2958. REPORT.

       ``A State, Indian tribal government, or unit of local 
     government that receives funds under this part during a 
     fiscal year shall submit to the Attorney General a 
     description and an evaluation report on a date specified by 
     the Attorney General regarding the effectiveness of this 
     part.

     ``SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       ``(a) Technical Assistance and Training.--The Attorney 
     General may provide technical assistance and training in 
     furtherance of the purposes of this part.
       ``(b) Evaluations.--In addition to any evaluation 
     requirements that may be prescribed for grantees (including 
     uniform data collection standards and reporting 
     requirements), the Attorney General shall carry out or make 
     arrangements for evaluations of programs that receive support 
     under this part.
       ``(c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General, in collaboration with the 
     Secretary of Health and Human Services, or through grants, 
     contracts, or other cooperative arrangements with other 
     entities.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by inserting after the matter 
     relating to part DD the following:

                         ``Part EE--Drug Courts

``Sec. 2951. Grant authority.
``Sec. 2952. Prohibition of participation by violent offenders.
``Sec. 2953. Definition.
``Sec. 2954. Administration.
``Sec. 2955. Applications.
``Sec. 2956. Federal share.
``Sec. 2957. Distribution and allocation.
``Sec. 2958. Report.
``Sec. 2959. Technical assistance, training, and evaluation.''.
       (c) Implementation of Recommendations.--Not later than 120 
     days after the date of enactment of this Act, the Attorney 
     General shall--
       (1) devise a plan to implement recommendations of the 
     General Accounting Office to--
       (A) develop and implement a management information system 
     that is able to track and readily identify the universe of 
     drug court programs funded by the Drug Court Program Office 
     of the Department of Justice;
       (B) take steps to ensure and sustain an adequate grantee 
     response rate to the Drug Court Program Office's data 
     collection efforts by improving efforts to notify and remind 
     grantees of their reporting requirements;
       (C) take corrective action toward grantees that do not 
     comply with the data collection reporting requirement of the 
     Department of Justice;
       (D) reinstate the collection of post-program data in the 
     Drug Court Program Office's data collection effort, 
     selectively spot checking grantee responses to ensure 
     accurate reporting;
       (E) analyze performance and outcome data collected from 
     grantees and report annually on the results;
       (F) consolidate the multiple Department of Justice-funded 
     drug court program-related data collection efforts to better 
     ensure that the primary focus is on the collection and 
     reporting of data on Drug Court Program Office-funded drug 
     court programs;
       (G) conduct a methodologically sound national impact 
     evaluation of Drug Court Program Office-funded drug court 
     programs; and
       (H) consider ways to reduce the time needed to provide 
     information on the overall impact of Federally-funded drug 
     court programs; and
       (2) submit a report on the plan to the Committees on the 
     Judiciary of the Senate and the House of Representatives.

     SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.

       Section 1001(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3793) is amended--
       (1) in paragraph (3), by inserting before the period at the 
     end the following: ``or EE''; and
       (2) by adding at the end the following:
       ``(25)(A) Except as provided in subparagraph (C), there are 
     authorized to be appropriated to carry out part EE--
       ``(i) $50,000,000 for fiscal year 2002;
       ``(ii) $54,000,000 for fiscal year 2003;
       ``(iii) $58,000,000 for fiscal year 2004; and
       ``(iv) $60,000,000 for fiscal year 2005.
       ``(B) The Attorney General shall reserve not less than 1 
     percent and not more than 4.5 percent of the sums 
     appropriated for this program in each fiscal year for 
     research and evaluation of this program.
       ``(C) No funds made available to carry out part EE shall be 
     expended if the Attorney General fails to submit the report 
     required to be submitted under section 2401(c) of title II of 
     Division B of the 21st Century Department of Justice 
     Appropriations Authorization Act.''.

     SEC. 2303. STUDY BY THE GENERAL ACCOUNTING OFFICE.

       (a) In General.--The Comptroller General of the United 
     States shall study and assess the effectiveness and impact of 
     grants authorized by part EE of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 as added by section 2401 
     and report to Congress the results of the study on or before 
     January 1, 2005.
       (b) Documents and Information.--The Attorney General and 
     grant recipients shall provide the Comptroller General with 
     all relevant documents and information that the Comptroller 
     General deems necessary to conduct the study under subsection 
     (a), including the identities and criminal records of program 
     participants.
       (c) Criteria.--In assessing the effectiveness of the grants 
     made under programs authorized by part EE of the Omnibus 
     Crime Control and Safe Streets Act of 1968, the Comptroller 
     General shall consider, among other things--
       (1) recidivism rates of program participants;
       (2) completion rates among program participants;
       (3) drug use by program participants; and
       (4) the costs of the program to the criminal justice 
     system.
 Subtitle D--Program for Successful Reentry of Criminal Offenders Into 
                           Local Communities

   CHAPTER 1--POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL 
                       OPPORTUNITIES FOR INMATES

     SEC. 2411. POST INCARCERATION VOCATIONAL AND REMEDIAL 
                   EDUCATIONAL OPPORTUNITIES FOR INMATES.

       (a) Federal Reentry Center Demonstration.--
       (1) Authority and establishment of demonstration project.--
     The Attorney General, in consultation with the Director of 
     the Administrative Office of the United States Courts, shall 
     establish the Federal Reentry Center Demonstration project. 
     The project shall involve appropriate prisoners from the 
     Federal prison population and shall utilize community 
     corrections facilities, home confinement, and a coordinated 
     response by Federal agencies to assist participating 
     prisoners in preparing for and adjusting to reentry into the 
     community.

[[Page H6598]]

       (2) Project elements.--The project authorized by paragraph 
     (1) shall include the following core elements:
       (A) A Reentry Review Team for each prisoner, consisting of 
     a representative from the Bureau of Prisons, the United 
     States Probation System, the United States Parole Commission, 
     and the relevant community corrections facility, who shall 
     initially meet with the prisoner to develop a reentry plan 
     tailored to the needs of the prisoner.
       (B) A system of graduated levels of supervision with the 
     community corrections facility to promote community safety, 
     provide incentives for prisoners to complete the reentry 
     plan, including victim restitution, and provide a reasonable 
     method for imposing sanctions for a prisoner's violation of 
     the conditions of participation in the project.
       (C) Substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed.
       (3) Probation officers.--From funds made available to carry 
     out this section, the Director of the Administrative Office 
     of the United States Courts shall assign 1 or more probation 
     officers from each participating judicial district to the 
     Reentry Demonstration project. Such officers shall be 
     assigned to and stationed at the community corrections 
     facility and shall serve on the Reentry Review Teams.
       (4) Project duration.--The Reentry Center Demonstration 
     project shall begin not later than 6 months following the 
     availability of funds to carry out this subsection, and shall 
     last 3 years.
       (b) Definitions.--In this section, the term ``appropriate 
     prisoner'' shall mean a person who is considered by prison 
     authorities--
       (1) to pose a medium to high risk of committing a criminal 
     act upon reentering the community; and
       (2) to lack the skills and family support network that 
     facilitate successful reintegration into the community.
       (c) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, to remain 
     available until expended--
       (1) to the Federal Bureau of Prisons--
       (A) $1,375,000 for fiscal year 2003;
       (B) $1,110,000 for fiscal year 2004;
       (C) $1,130,000 for fiscal year 2005;
       (D) $1,155,000 for fiscal year 2006; and
       (E) $1,230,000 for fiscal year 2007; and
       (2) to the Federal Judiciary--
       (A) $3,380,000 for fiscal year 2003;
       (B) $3,540,000 for fiscal year 2004;
       (C) $3,720,000 for fiscal year 2005;
       (D) $3,910,000 for fiscal year 2006; and
       (E) $4,100,000 for fiscal year 2007.

                CHAPTER 2--STATE REENTRY GRANT PROGRAMS

     SEC. 2421. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE 
                   STREETS ACT OF 1968.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as 
     amended, is amended by inserting after part EE the following 
     new part:

     ``PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY

     ``SEC. 2976. ADULT AND JUVENILE OFFENDER STATE AND LOCAL 
                   REENTRY DEMONSTRATION PROJECTS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $1,000,000 to States, Territories, and Indian 
     tribes, in partnership with units of local government and 
     nonprofit organizations, for the purpose of establishing 
     adult and juvenile offender reentry demonstration projects.
       ``(b) Adult Offender Reentry Demonstration Projects.--Funds 
     for adult offender demonstration projects may be expended 
     for--
       ``(1) oversight/monitoring of released offenders;
       ``(2) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and basic 
     educational training, and other programming to promote 
     effective reintegration into the community as needed;
       ``(3) convening community impact panels, victim impact 
     panels or victim impact educational classes; and
       ``(4) establishing and implementing graduated sanctions and 
     incentives.
       ``(c) Juvenile Offender Reentry Demonstration Projects.--
     Funds for the juvenile offender reentry demonstration 
     projects may be expended for--
       ``(1) providing returning juvenile offenders with drug and 
     alcohol testing and treatment and mental and medical health 
     assessment and services;
       ``(2) convening victim impact panels, restorative justice 
     panels, or victim impact educational classes for juvenile 
     offenders;
       ``(3) oversight/monitoring of released juvenile offenders; 
     and
       ``(4) providing for the planning of reentry services when 
     the youth is initially incarcerated and coordinating the 
     delivery of community-based services, such as education, 
     family involvement and support, and other services as needed.
       ``(d) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies and there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program, including existing community corrections and 
     parole; and
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(e) Applicants.--The applicants as designated under 
     2601(a)--
       ``(1) shall prepare the application as required under 
     subsection 2601(b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(f) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 75 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(g) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a description and an evaluation report at such time 
     and in such manner as the Attorney General may reasonably 
     require that contains--
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--To carry out this section, there are 
     authorized to be appropriated $15,000,000 for fiscal year 
     2003, $15,500,000 for fiscal year 2004, and $16,000,000 for 
     fiscal year 2005.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2977. STATE REENTRY PROJECT EVALUATION.

       (a) Evaluation.--The Attorney General shall evaluate the 
     demonstration projects authorized by section 2976 to 
     determine their effectiveness.
       (b) Report.--Not later than April 30, 2005, the Attorney 
     General shall submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate 
     containing--
       (1) the findings of the evaluation required by subsection 
     (a); and
       (2) any recommendations the Attorney General has with 
     regard to expanding, changing, or eliminating the 
     demonstration projects

          ``Part FF--Offender Reentry and Community Safety Act

``Sec. 2976. Adult Offender State and Local Reentry Demonstration 
              Projects.
``Sec. 2977. State reentry project evaluation.''.
                       Subtitle E--Other Matters

     SEC. 2501. AMENDMENT TO CONTROLLED SUBSTANCES ACT.

       Section 303(g)(2)(I) of the Controlled Substances Act is 
     amended by striking ``on the date of enactment'' and all that 
     follows through ``such drugs,'' and inserting ``on the date 
     of approval by the Food and Drug Administration of a drug in 
     schedule III, IV, or V, a State may not preclude a 
     practitioner from dispensing or prescribed such drug, or 
     combination of such drugs''.

     SEC. 2502. STUDY OF METHAMPHETAMINE TREATMENT.

       Section 3633 of the Methamphetamine Anti-Proliferation Act 
     of 2000 (114 Stat. 1236) is amended by striking ``the 
     Institute of Medicine of the National Academy of Sciences'' 
     and inserting ``the National Institute on Drug Abuse''.

     SEC. 2503. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN 
                   SOUTH AND CENTRAL ASIA.

       There is authorized to be appropriated to the Attorney 
     General not less than $5,000,000 for fiscal year 2003 for 
     regional antidrug training by the Drug Enforcement 
     Administration for law enforcement entities (including 
     police, border control, and other entities engaged in drug 
     interdiction and narcotics control efforts), as well as 
     increased precursor chemical control efforts in the South and 
     Central Asia region.

     SEC. 2504. UNITED STATES-THAILAND DRUG PROSECUTOR EXCHANGE 
                   PROGRAM.

       (a) Program Authorization.--The Attorney General shall 
     establish an exchange program in which prosecutors, judges, 
     or policy makers from the Kingdom of Thailand participate in 
     an exchange program to observe Federal prosecutors in an 
     effort to learn about the various rules and procedures used 
     to prosecute violations of federal criminal narcotics laws.
       (b) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $75,000 for 
     fiscal year 2003 and $75,000 for fiscal year 2004.
  TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

     SEC. 3001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO 
                   TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.

       (a) In General.--Section 1512 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``as provided in 
     paragraph (2)'' and inserting ``as provided in paragraph 
     (3)'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:

[[Page H6599]]

       ``(2) Whoever uses physical force or the threat of physical 
     force against any person, or attempts to do so, with intent 
     to--
       ``(A) influence, delay, or prevent the testimony of any 
     person in an official proceeding;
       ``(B) cause or induce any person to--
       ``(i) withhold testimony, or withhold a record, document, 
     or other object, from an official proceeding;
       ``(ii) alter, destroy, mutilate, or conceal an object with 
     intent to impair the integrity or availability of the object 
     for use in an official proceeding;
       ``(iii) evade legal process summoning that person to appear 
     as a witness, or to produce a record, document, or other 
     object, in an official proceeding; or
       ``(iv) be absent from an official proceeding to which that 
     person has been summoned by legal process; or
       ``(C) hinder, delay, or prevent the communication to a law 
     enforcement officer or judge of the United States of 
     information relating to the commission or possible commission 
     of a Federal offense or a violation of conditions of 
     probation, supervised release, parole, or release pending 
     judicial proceedings;
     shall be punished as provided in paragraph (3).''; and
       (D) in paragraph (3), as redesignated--
       (i) by striking ``and'' at the end of subparagraph (A); and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) in the case of--
       ``(i) an attempt to murder; or
       ``(ii) the use or attempted use of physical force against 
     any person;
     imprisonment for not more than 20 years; and
       ``(C) in the case of the threat of use of physical force 
     against any person, imprisonment for not more than 10 
     years.'';
       (2) in subsection (b), by striking ``or physical force''; 
     and
       (3) by adding at the end the following:
       ``(j) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (b) Retaliating Against a Witness.--Section 1513 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(e) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (c) Conforming Amendments.--
       (1) Witness tampering.--Section 1512 of title 18, United 
     States Code, is amended in subsections (b)(3) and (c)(2) by 
     inserting ``supervised release,'' after ``probation''.
       (2) Retaliation against a witness.--Section 1513 of title 
     18, United States Code, is amended in subsections (a)(1)(B) 
     and (b)(2) by inserting ``supervised release,'' after 
     ``probation''.
       (d) Restoration.--Section 1402(c) of the Victims of Crime 
     Act of 1984 is amended to read as it did on November 27, 
     2001.

     SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT 
                   IMPOSITION OF BOTH A FINE AND IMPRISONMENT.

       (a) In General.--Title 18 of the United States Code is 
     amended--
       (1) in section 401, by inserting ``or both,'' after ``fine 
     or imprisonment,'';
       (2) in section 1705, by inserting ``, or both'' after 
     ``years''; and
       (3) in sections 1916, 2234, and 2235, by inserting ``, or 
     both'' after ``year''.
       (b) Imposition by Magistrate.--Section 636 of title 28, 
     United States Code, is amended--
       (1) in subsection (e)(2), by inserting ``, or both,'' after 
     ``fine or imprisonment''; and
       (2) in subsection (e)(3), by inserting ``or both,'' after 
     ``fine or imprisonment,''.

     SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A 
                   PLEA AGREEMENT.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3296. Counts dismissed pursuant to a plea agreement

       ``(a) In General.--Notwithstanding any other provision of 
     this chapter, any counts of an indictment or information that 
     are dismissed pursuant to a plea agreement shall be 
     reinstated by the District Court if--
       ``(1) the counts sought to be reinstated were originally 
     filed within the applicable limitations period;
       ``(2) the counts were dismissed pursuant to a plea 
     agreement approved by the District Court under which the 
     defendant pled guilty to other charges;
       ``(3) the guilty plea was subsequently vacated on the 
     motion of the defendant; and
       ``(4) the United States moves to reinstate the dismissed 
     counts within 60 days of the date on which the order vacating 
     the plea becomes final.
       ``(b) Defenses; Objections.--Nothing in this section shall 
     preclude the District Court from considering any defense or 
     objection, other than statute of limitations, to the 
     prosecution of the counts reinstated under subsection (a).''.
       (b) Technical and Conforming Amendment.--Chapter 213 of 
     title 18, United States Code, is amended in the table of 
     sections by adding at the end the following new item:

``3296. Counts dismissed pursuant to a plea agreement.''.

     SEC. 3004. APPEALS FROM CERTAIN DISMISSALS.

       Section 3731 of title 18, United States Code, is amended by 
     inserting ``, or any part thereof'' after ``as to any one or 
     more counts''.

     SEC. 3005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE 
                   TERMS IN CONTROLLED SUBSTANCE CASES.

       (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and 
     (D) of section 401(b)(1) of the Controlled Substances Act (21 
     U.S.C. 841(b)(1)) are amended by striking ``Any sentence'' 
     and inserting ``Notwithstanding section 3583 of title 18, any 
     sentence''.
       (b) Penalties for Drug Import and Export.--Section 1010(b) 
     of the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)) is amended--
       (1) in paragraphs (1), (2), and (3), by striking ``Any 
     sentence'' and inserting ``Notwithstanding section 3583 of 
     title 18, any sentence''; and
       (2) in paragraph (4), by inserting ``notwithstanding 
     section 3583 of title 18,'' before ``in addition to such term 
     of imprisonment''.

     SEC. 3006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF 
                   PROBATION OR SUPERVISED RELEASE WHEN REDUCING A 
                   SENTENCE OF IMPRISONMENT IN CERTAIN CASES.

       Section 3582(c)(1)(A) of title 18, United States Code, is 
     amended by inserting ``(and may impose a term of probation or 
     supervised release with or without conditions that does not 
     exceed the unserved portion of the original term of 
     imprisonment)'' after ``may reduce the term of 
     imprisonment''.

     SEC. 3007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER 
                   CONDITION OF SUPERVISED RELEASE.

       Subsections (c) and (e) of section 3583 of title 18, United 
     States Code, are amended by striking ``and (a)(6) and 
     inserting ``(a)(6), and (a)(7)''.
        TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Criminal Law Technical 
     Amendments Act of 2002''.

     SEC. 4002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND 
                   PROCEDURE.

       (a) Missing and Incorrect Words.--
       (1) Correction of garbled sentence.--Section 510(c) of 
     title 18, United States Code, is amended by striking ``fine 
     of under this title'' and inserting ``fine under this 
     title''.
       (2) Insertion of missing words.--Section 981(d) of title 
     18, United States Code, is amended by striking ``proceeds 
     from the sale of this section'' and inserting ``proceeds from 
     the sale of such property under this section''.
       (3)  Correction of incorrect word.--Sections 1425 through 
     1427, 1541 through 1544 and 1546(a) of title 18, United 
     States Code, are each amended by striking ``to facility'' and 
     inserting ``to facilitate''.
       (4) Correcting erroneous amendatory language on executed 
     amendment.--Effective on the date of the enactment of Public 
     Law 103-322, section 60003(a)(13) of such public law is 
     amended by striking ``$1,000,000 or imprisonment'' and 
     inserting ``$1,000,000 and imprisonment''.
       (5) Correction of reference to short title of law.--That 
     section 2332d(a) of title 18, United States Code, which 
     relates to financial transactions is amended by inserting 
     ``of 1979'' after ``Export Administration Act''.
       (6) Elimination of typographical error.--Section 1992(b) of 
     title 18, United States Code, is amended by striking ``term 
     or years'' and inserting ``term of years''.
       (7) Spelling correction.--Section 2339A(a) of title 18, 
     United States Code, is amended by striking ``or an escape'' 
     and inserting ``of an escape''.
       (8) Section 3553.--Section 3553(e) of title 18, United 
     States Code, is amended by inserting ``a'' before 
     ``minimum''.
       (9) Misspelling in section 205.--Section 205(d)(1)(B) of 
     title 18, United States Code, is amended by striking 
     ``groups's'' and inserting ``group's''.
       (10) Conforming change and inserting missing word in 
     section 709.--The paragraph in section 709 of title 18, 
     United States Code, that begins with ``A person who'' is 
     amended--
       (A) by striking ``A person who'' and inserting ``Whoever''; 
     and
       (B) by inserting ``or'' after the semicolon at the end.
       (11) Error in language being stricken.--Effective on the 
     date of its enactment, section 726(2) of the Antiterrorism 
     and Effective Death Penalty Act of 1996 (Public Law 104-132) 
     is amended--
       (A) in subparagraphs (C) and (E), by striking ``section'' 
     the first place it appears; and
       (B) in subparagraph (G), by striking ``relating to'' the 
     first place it appears.
       (b) Margins, Punctuation, and Similar Errors.--
       (1) Margin error.--Section 1030(c)(2) of title 18, United 
     States Code, is amended so that the margins of subparagraph 
     (B) and each of its clauses, are moved 2 ems to the left.
       (2) Correcting capitalization in language to be stricken.--
     Effective on the date of its enactment, section 607(g)(2) of 
     the Economic Espionage Act of 1996 is amended by striking 
     ``territory'' and inserting ``Territory''.
       (3) Correcting paragraphing.--The material added to section 
     521(a) of title 18, United States Code, by section 607(q) of 
     the Economic Espionage Act of 1996 is amended to appear as a 
     paragraph indented 2 ems from the left margin.
       (4) Subsection placement correction.--Section 1513 of title 
     18, United States Code, is amended by transferring subsection 
     (d) so that it appears following subsection (c).
       (5) Correction to allow for insertion of new subparagraph 
     and correction of erroneous indentation.--Section 1956(c)(7) 
     of title 18, United States Code, is amended--
       (A) in subparagraph (B)(ii), by moving the margin 2 ems to 
     the right;
       (B) by striking ``or'' at the end of subparagraph (D);
       (C) by striking the period at the end of subparagraph (E) 
     and inserting ``; or''; and
       (D) in subparagraph (F)--

[[Page H6600]]

       (i) by striking ``Any'' and inserting ``any''; and
       (ii) by striking the period at the end and inserting a 
     semicolon.
       (6) Correction of confusing subdivision designation.--
     Section 1716 of title 18, United States Code, is amended--
       (A) in the first undesignated paragraph, by inserting 
     ``(j)(1)'' before ``Whoever'';
       (B) in the second undesignated paragraph--
       (i) by striking ``not more than $10,000'' and inserting 
     ``under this title''; and
       (ii) by inserting ``(2)'' at the beginning of that 
     paragraph;
       (C) by inserting ``(3)'' at the beginning of the third 
     undesignated paragraph; and
       (D) by redesignating subsection (j) as subsection (k).
       (7) Punctuation correction in section 1091.--Section 
     1091(b)(1) of title 18, United States Code, is amended by 
     striking ``subsection (a)(1),'' and inserting ``subsection 
     (a)(1)''.
       (8) Punctuation correction in section 2311.--Section 2311 
     of title 18, United States Code, is amended by striking the 
     period after ``carcasses thereof'' the second place that term 
     appears and inserting a semicolon.
       (9) Syntax correction.--Section 115(b)(2) of title 18, 
     United States Code, is amended by striking ``, attempted 
     kidnapping, or conspiracy to kidnap of a person'' and 
     inserting ``or attempted kidnapping of, or a conspiracy to 
     kidnap, a person''.
       (10) Correcting capitalization in section 982.--Section 
     982(a)(8) of title 18, United States Code, is amended by 
     striking ``Court'' and inserting ``court''.
       (11) Punctuation corrections in section 1029.--Section 1029 
     of title 18, United States Code, is amended--
       (A) in subsection (c)(1)(A)(ii), by striking ``(9),'' and 
     inserting ``(9)''; and
       (B) in subsection (e), by adding a semicolon at the end of 
     paragraph (8).
       (12) Corrections of connectors and punctuation in section 
     1030.--Section 1030 of title 18, United States Code, is 
     amended--
       (A) by inserting ``and'' at the end of subsection 
     (c)(2)(B)(iii); and
       (B) by striking the period at the end of subsection 
     (e)(4)(I) and inserting a semicolon.
       (13) Correction of punctuation in section 1032.--Section 
     1032(1) of title 18, United States Code, is amended by 
     striking ``13,'' and inserting ``13''.
       (14) Correction of punctuation in section 1345.--Section 
     1345(a)(1) of title 18, United States Code, is amended--
       (A) in subparagraph (B), by striking ``, or'' and inserting 
     ``; or''; and
       (B) in subparagraph (C), by striking the period and 
     inserting a semicolon.
       (15) Correction of punctuation in section 3612.--Section 
     3612(f)(2)(B) of title 18, United States Code, is amended by 
     striking ``preceding.'' and inserting ``preceding''.
       (16) Correction of indentation in controlled substances 
     act.--Section 402(c)(2) of the Controlled Substances Act (21 
     U.S.C. 842(c)(2)) is amended by moving the margin of 
     subparagraph (C) 2 ems to the left.
       (c) Elimination of Redundancies.--
       (1) Elimination of duplicate amendments.--Effective on the 
     date of its enactment, paragraphs (1), (2), and (4) of 
     section 601(b), paragraph (2) of section 601(d), paragraph 
     (2) of section 601(f), paragraphs (1) and (2)(A) of section 
     601(j), paragraphs (1) and (2) of section 601(k), subsection 
     (d) of section 602, paragraph (4) of section 604(b), 
     subsection (r) of section 605, and paragraph (2) of section 
     607(j) of the Economic Espionage Act of 1996 are repealed.
       (2) Elimination of extra comma.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended--
       (A) by striking ``Code,,'' and inserting ``Code,''; and
       (B) by striking ``services),,'' and inserting 
     ``services),''.
       (3) Repeal of section granting duplicative authority.--
       (A) Section 3503 of title 18, United States Code, is 
     repealed.
       (B) The table of sections at the beginning of chapter 223 
     of title 18, United States Code, is amended by striking the 
     item relating to section 3503.
       (4) Elimination of outmoded reference to parole.--Section 
     929(b) of title 18, United States Code, is amended by 
     striking the last sentence.
       (d) Correction of Outmoded Fine Amounts.--
       (1) In title 18, united states code.--
       (A) In section 492.--Section 492 of title 18, United States 
     Code, is amended by striking ``not more than $100'' and 
     inserting ``under this title''.
       (B) In section 665.--Section 665(c) of title 18, United 
     States Code, is amended by striking ``a fine of not more than 
     $5,000'' and inserting ``a fine under this title''.
       (C) In sections 1924, 2075, 2113(b), and 2236.--
       (i) Section 1924(a) of title 18, United States Code, is 
     amended by striking ``not more than $1,000,'' and inserting 
     ``under this title''.
       (ii) Sections 2075 and 2113(b) of title 18, United States 
     Code, are each amended by striking ``not more than $1,000'' 
     and inserting ``under this title''.
       (iii) Section 2236 of title 18, United States Code, is 
     amended by inserting ``under this title'' after ``warrant, 
     shall be fined'', and by striking ``not more than $1,000''.
       (D) In section 372 and 752.--Sections 372 and 752(a) of 
     title 18, United States Code, are each amended by striking 
     ``not more than $5,000'' and inserting ``under this title''.
       (E) In section 924(e)(1).--Section 924(e)(1) of title 18, 
     United States Code, is amended by striking ``not more than 
     $25,000'' and inserting ``under this title''.
       (2) In the controlled substances act.--
       (A) In section 401.--Section 401(d) of the Controlled 
     Substances Act (21 U.S.C. 841(d)) is amended--
       (i) in paragraph (1), by striking ``and shall be fined not 
     more than $10,000'' and inserting ``or fined under title 18, 
     United States Code, or both''; and
       (ii) in paragraph (2), by striking ``and shall be fined not 
     more than $20,000'' and inserting ``or fined under title 18, 
     United States Code, or both''.
       (B) In section 402.--Section 402(c)(2) of the Controlled 
     Substances Act (21 U.S.C. 842(c)) is amended--
       (i) in subparagraph (A), by striking ``of not more than 
     $25,000'' and inserting ``under title 18, United States 
     Code''; and
       (ii) in subparagraph (B), by striking ``of $50,000'' and 
     inserting ``under title 18, United States Code''.
       (C) In section 403.--Section 403(d) of the Controlled 
     Substances Act (21 U.S.C. 843(d)) is amended--
       (i) by striking ``of not more than $30,000'' each place 
     that term appears and inserting ``under title 18, United 
     States Code''; and
       (ii) by striking ``of not more than $60,000'' each place it 
     appears and inserting ``under title 18, United States Code''.
       (e) Cross Reference Corrections.--
       (1) Section 3664.--Section 3664(o)(1)(C) of title 18, 
     United States Code, is amended by striking ``section 
     3664(d)(3)'' and inserting ``subsection (d)(5)''.
       (2) Chapter 228.--Section 3592(c)(1) of title 18, United 
     States Code, is amended by striking ``section 36'' and 
     inserting ``section 37''.
       (3) Correcting erroneous cross reference in controlled 
     substances act.--Section 511(a)(10) of the Controlled 
     Substances Act (21 U.S.C. 881(a)(10)) is amended by striking 
     ``1822 of the Mail Order Drug Paraphernalia Control Act'' and 
     inserting ``422''.
       (4) Correction to reflect cross reference change made by 
     other law.--Effective on the date of its enactment, section 
     601(c)(3) of the Economic Espionage Act of 1996 is amended by 
     striking ``247(d)'' and inserting ``247(e)''.
       (5) Typographical and typeface error in table of 
     chapters.--The item relating to chapter 123 in the table of 
     chapters at the beginning of part I of title 18, United 
     States Code, is amended--
       (A) by striking ``2271'' and inserting ``2721''; and
       (B) so that the item appears in bold face type.
       (6) Section 4104.--Section 4104(d) of title 18, United 
     States Code, is amended by striking ``section 3653 of this 
     title and rule 32(f) of'' and inserting ``section 3565 of 
     this title and the applicable provisions of''.
       (7) Error in amendatory language.--Effective on the date of 
     its enactment, section 583 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1998 (111 
     Stat. 2436) is amended by striking ``Section 2401'' and 
     inserting ``Section 2441''.
       (8) Error in cross reference to court rules.--The first 
     sentence of section 3593(c) of title 18, United States Code, 
     is amended by striking ``rule 32(c)'' and inserting ``rule 
     32''.
       (9) Section 1836.--Section 1836 of title 18, United States 
     Code, is amended--
       (A) in subsection (a), by striking ``this section'' and 
     inserting ``this chapter''; and
       (B) in subsection (b), by striking ``this subsection'' and 
     inserting ``this section''.
       (10) Correction of erroneous cite in chapter 119.--Section 
     2510(10) of title 18, United States Code, is amended by 
     striking ``shall have'' and all that follows through ``United 
     States Code;'' and inserting ``has the meaning given that 
     term in section 3 of the Communications Act of 1934;''.
       (11) Elimination of outmoded cite in section 2339a.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by striking ``2332c,''.
       (12) Correction of references in amendatory language.--
     Effective the date of its enactment, section 115(a)(8)(B) of 
     Public Law 105-119 is amended--
       (A) in clause (i)--
       (i) by striking ``at the end of'' and inserting 
     ``following''; and
       (ii) by striking ``paragraph'' the second place it appears 
     and inserting ``subsection''; and
       (B) in clause (ii), by striking ``subparagraph (A)'' and 
     inserting ``clause (i)''.
       (f) Tables of Sections Corrections.--
       (1) Conforming table of sections to heading of section.--
     The item relating to section 1837 in the table of sections at 
     the beginning of chapter 90 of title 18, United States Code, 
     is amended by striking ``Conduct'' and inserting 
     ``Applicability to conduct''.
       (2) Conforming heading to table of sections entry.--The 
     heading of section 1920 of title 18, United States Code, is 
     amended by striking ``Employee's'' and inserting 
     ``Employees'''.

     SEC. 4003. ADDITIONAL TECHNICALS.

       (a) Title 18.--Title 18, United States Code, is amended--
       (1) in section 922(t)(1)(C), by striking ``1028(d)(1)'' and 
     inserting ``1028(d)'';
       (2) in section 1005--
       (A) in the first undesignated paragraph, by striking 
     ``Act,,'' and inserting ``Act,''; and
       (B) by inserting ``or'' at the end of the third 
     undesignated paragraph;
       (3) in section 1071, by striking ``fine of under this 
     title'' and inserting ``fine under this title'';
       (4) in section 1368(a), by inserting ``to'' after ``serious 
     bodily injury'';
       (5) in subsections (b)(1) and (c) of section 2252A, by 
     striking ``paragraphs'' and inserting ``paragraph''; and
       (6) in section 2254(a)(3), by striking the comma before the 
     period at the end.
       (b) Title 28.--Title 28, United States Code, is amended--
       (1) in section 509(3), by striking the second period;

[[Page H6601]]

       (2) in section 526--
       (A) in the heading, by striking ``AND'' before 
     ``TRUSTEES''; and
       (B) in subsection (a)(1), by striking the second comma 
     after ``marshals'';
       (3) in section 529(b)(2), as hereinbefore added, by 
     striking the matter between ``services contract'' and 
     ``made,'' and inserting ``services contract made,'';
       (4) in section 534(a)(3), by inserting ``and'' after the 
     semicolon;
       (5) in the item relating to section 526 in the table of 
     sections at the beginning of chapter 31, by striking ``and'' 
     before ``trustees'';
       (6) in the item relating to chapter 37 in the table of 
     chapters at the beginning of part II, by inserting 
     ``Service'' after ``Marshals'';
       (7) in the item relating to section 532 in the table of 
     sections at the beginning of chapter 33, by inserting ``the'' 
     after ``of''; and
       (8) in the item relating to section 537 in the table of 
     sections at the beginning of chapter 33, by striking 
     ``nature'' and inserting ``character''.

     SEC. 4004. REPEAL OF OUTMODED PROVISIONS.

       (a) Section 14 of title 18, United States Code, and the 
     item relating thereto in the table of sections at the 
     beginning of chapter 1 of title 18, United States Code, are 
     repealed.
       (b) Section 1261 of such title is amended--
       (1) by striking ``(a) The Secretary'' and inserting ``The 
     Secretary''; and
       (2) by striking subsection (b).
       (c) Section 1821 of such title is amended by striking ``, 
     the Canal Zone''.
       (d) Section 3183 of such title is amended by striking ``or 
     the Panama Canal Zone,''.
       (e) Section 3241 of such title is amended by striking 
     ``United States District Court for the Canal Zone and the''.
       (f) Any section of any Act enacted on the antepenultimate 
     day of November 2001, which section provides for any 
     amendment to chapter 31 of title 28, United States Code, is 
     hereby repealed.

     SEC. 4005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56.

       (a) Margin Corrections.--
       (1) Section 2516(1) of title 18, United States Code, is 
     amended by moving the left margin for subsection (q) 2 ems to 
     the right.
       (2) Section 2703(c)(1) of title 18, United States Code, is 
     amended by moving the left margin of subparagraph (E) 2 ems 
     to the left.
       (3) Section 1030(a)(5) of title 18, United States Code, is 
     amended by moving the left margin of subparagraph (B) 2 ems 
     to the left.
       (b) Correction of Wrongly Worded Clerical Amendment.--
     Effective on the date of its enactment, section 223(c)(2) of 
     Public Law 107-56 is amended to read as follows:
       ``(2) The table of sections at the beginning of chapter 121 
     of title 18, United States Code, is amended by adding at the 
     end the following new item:

4``2712. Civil actions against the United States.''.

       (c) Correction of Erroneous Placement of Amendment 
     Language.--Effective on the date of its enactment, section 
     225 of Public Law 107-56 is amended--
       (1) by striking ``after subsection (g)'' and inserting 
     ``after subsection (h)''; and
       (2) by redesignating the subsection added to section 105 of 
     section 105 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1805) as subsection (i).
       (d) Punctuation Corrections.--
       (1) Section 1956(c)(6)(B) of title 18, United States Code, 
     is amended by striking the period and inserting a semicolon.
       (2) Effective on the date of its enactment, section 803(a) 
     of Public Law 107-56 is amended by striking the close 
     quotation mark and period that follows at the end of 
     subsection (a) in the matter proposed to be inserted in title 
     18, United States Code, as a new section 2339.
       (3) Section 1030(c)(3)(B) of title 18, United States Code, 
     is amended by inserting a comma after ``(a)(4)''.
       (e) Elimination of Duplicate Amendment.--Effective on the 
     date of its enactment, section 805 of Public Law 107-56 is 
     amended by striking subsection (b).
       (f) Correction of Unexecutable Amendments.--
       (1) Effective on the date of its enactment, section 813(2) 
     of Public Law 107-56 is amended by striking ``semicolon'' and 
     inserting ``period''.
       (2) Effective on the date of its enactment, section 815 of 
     Public Law 107-56 is amended by inserting ``a'' before 
     ``statutory authorization''.
       (g) Correction of Heading Style.--The heading for section 
     175b of title 18, United States Code, is amended to read as 
     follows:

     ``Sec. 175b. Possession by restricted persons''.

     SEC. 4006. CROSS REFERENCE CORRECTION.

       Section 2339C(a)(1) of title 18, United States Code, is 
     amended by striking ``described in subsection (c)'' and 
     inserting ``described in subsection (b)''.
      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

     SEC. 5001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
                   GRANTS.

       (a) State Applications.--Section 503(a)(13)(A)(iii) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3753(a)(13)(A)(iii)) is amended by striking 
     ``or the National Association of Medical Examiners,'' and 
     inserting ``, the National Association of Medical Examiners, 
     or any other nonprofit, professional organization that may be 
     recognized within the forensic science community as competent 
     to award such accreditation,''.
       (b) Forensic Sciences Improvement Grants.--Part BB of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3797j et seq.) is amended--
       (1) in section 2801, by inserting after ``States'' the 
     following: `` and units of local government'';
       (2) in section 2802--
       (A) in the matter before paragraph (1), by inserting ``or 
     unit of local government'' after ``State'';
       (B) in paragraph (1), to read as follows:
       ``(1) a certification that the State or unit of local 
     government has developed a plan for forensic science 
     laboratories under a program described in section 2804(a), 
     and a specific description of the manner in which the grant 
     will be used to carry out that plan;'';
       (C) in paragraph (2), by inserting ``or appropriate 
     certifying bodies'' before the semicolon; and
       (D) in paragraph (3), by inserting ``for a State or local 
     plan'' after ``program'';
       (3) in section 2803(a)(2), by striking ``to States with'' 
     and all that follows through the period and inserting ``for 
     competitive awards to States and units of local government. 
     In making awards under this part, the Attorney General shall 
     consider the average annual number of part 1 violent crimes 
     reported by each State to the Federal Bureau of Investigation 
     for the 3 most recent calendar years for which data is 
     available and consider the existing resources and current 
     needs of the potential grant recipient.'';
       (4) in section 2804--
       (A) in subsection (a), by inserting ``or unit of local 
     government'' after ``A State''; and
       (B) in subsection (c)(1), by inserting ``(including grants 
     received by units of local government within a State)'' after 
     ``under this part''; and
       (5) in section 2806(a)--
       (A) in the matter before paragraph (1), by inserting ``or 
     unit of local government'' after ``each State''; and
       (B) in paragraph (1), by inserting before the semicolon the 
     following: ``, which shall include a comparison of pre-grant 
     and post-grant forensic science capabilities''
       (C) in paragraph (2), by striking ``and'' at the end;
       (D) by redesignating paragraph (3) as paragraph (4); and
       (E) by inserting after paragraph (2) the following:
       ``(3) an identification of the number and type of cases 
     currently accepted by the laboratory; and''.

     SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each of fiscal 
     years 2002 through 2007--
       (1) such sums as may be necessary for the Center for 
     Domestic Preparedness of the Department of Justice in 
     Anniston, Alabama;
       (2) such sums as may be necessary for the Texas Engineering 
     Extension Service of Texas A&M University;
       (3) such sums as may be necessary for the Energetic 
     Materials Research and Test Center of the New Mexico 
     Institute of Mining and Technology;
       (4) such sums as may be necessary for the Academy of 
     Counterterrorist Education at Louisiana State University;
       (5) such sums as may be necessary for the National 
     Exercise, Test, and Training Center of the Department of 
     Energy, located at the Nevada test site;
       (6) such sums as may be necessary for the National Center 
     for the Study of Counter-Terrorism and Cyber-Crime at Norwich 
     University; and
       (7) such sums as may be necessary for the Northeast 
     Counterdrug Training Center at Fort Indiantown Gap, 
     Pennsylvania.
     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS
       TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
                    Subtitle A--General Improvements

     SEC. 11001. LAW ENFORCEMENT TRIBUTE ACT.

       (a) Short Title.--This section may be cited as the ``Law 
     Enforcement Tribute Act''.
       (b) Findings.--Congress finds the following:
       (1) The well-being of all citizens of the United States is 
     preserved and enhanced as a direct result of the vigilance 
     and dedication of law enforcement and public safety 
     personnel.
       (2) More than 700,000 law enforcement officers, both men 
     and women, at great risk to their personal safety, serve 
     their fellow citizens as guardians of peace.
       (3) Nationwide, 51 law enforcement officers were killed in 
     the line of duty in 2000, according to statistics released by 
     the Federal Bureau of Investigation. This number is an 
     increase of 9 from the 1999 total of 42.
       (4) In 1999, 112 firefighters died while on duty, an 
     increase of 21 deaths from the previous year.
       (5) Every year, 1 in 9 peace officers is assaulted, 1 in 25 
     is injured, and 1 in 4,400 is killed in the line of duty.
       (6) In addition, recent statistics indicate that 83 
     officers were accidentally killed in the performance of their 
     duties in 2000, an increase of 18 from the 65 accidental 
     deaths in 1999.
       (7) A permanent tribute is a powerful means of honoring the 
     men and women who have served our Nation with distinction. 
     However, many law enforcement and public safety agencies lack 
     the resources to honor their fallen colleagues.
       (c) Program Authorized.--From amounts made available to 
     carry out this section, the Attorney General may make grants 
     to States, units of local government, and Indian tribes to 
     carry out programs to honor, through permanent tributes, men 
     and women of the United States who were killed or disabled 
     while serving as law enforcement or public safety 
     officers.
       (d) Uses of Funds.--Grants awarded under this section shall 
     be distributed directly to the State, unit of local 
     government, or Indian tribe, and shall be used for the 
     purposes specified in subsection (c).
       (e) $150,000 Limitation.--A grant under this section may 
     not exceed $150,000 to any single recipient.

[[Page H6602]]

       (f) Matching Funds.--
       (1) The Federal portion of the costs of a program provided 
     by a grant under this section may not exceed 50 percent.
       (2) Any funds appropriated by Congress for the activities 
     of any agency of an Indian tribal government or the Bureau of 
     Indian Affairs performing law enforcement or public safety 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement funded under this 
     subsection.
       (g) Applications.--To request a grant under this section, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by such 
     information as the Attorney General may require.
       (h) Annual Report to Congress.--Not later than November 30 
     of each year, the Attorney General shall submit a report to 
     the Congress regarding the activities carried out under this 
     section. Each such report shall include, for the preceding 
     fiscal year, the number of grants funded under this section, 
     the amount of funds provided under those grants, and the 
     activities for which those funds were used.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2002 through 2006.

     SEC. 11002. DISCLOSURE OF GRAND JURY MATTERS RELATING TO 
                   MONEY LAUNDERING OFFENSES.

       Section 3322(d)(1) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``or 1344; or'' and 
     inserting ``1344, 1956, or 1957;'';
       (2) in subparagraph (B), by inserting ``or'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(C) any provision of subchapter II of chapter 53 of title 
     31, United States Code;''.

     SEC. 11003. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC 
                   PREPAREDNESS SUPPORT.

       (a) Technical Corrections.--
       (1) Office.--Section 1014(a) of the USA PATRIOT Act (Public 
     Law 107-56) is amended by striking ``Office of State and 
     Local Domestic Preparedness Support'' and inserting ``Office 
     for Domestic Preparedness''.
       (2) Percent.--Section 1014(c)(3) of the USA PATRIOT Act 
     (Public Law 107-56) is amended by inserting ``not less than'' 
     before ``0.25 percent''.
       (b) Additional Use of Grant Amounts.--Section 1014(b) of 
     the USA PATRIOT Act (Public Law 107-56) is amended by 
     inserting at the end the following: ``In addition, grants 
     under this section may be used to construct, develop, expand, 
     modify, operate, or improve facilities to provide training or 
     assistance to State and local first responders.''.

     SEC. 11004. UNITED STATES SENTENCING COMMISSION ACCESS TO 
                   NCIC TERMINAL.

       Section 534(a) of title 28, United States Code, is amended 
     by striking paragraph (4) and inserting the following:
       ``(4) exchange such records and information with, and for 
     the official use of, authorized officials of the Federal 
     Government, including the United States Sentencing 
     Commission, the States, cities, and penal and other 
     institutions.''.

     SEC. 11005. DANGER PAY FOR FBI AGENTS.

       Section 151 of the Foreign Relations Act, fiscal years 1990 
     and 1991 (5 U.S.C. 5928 note), is amended by inserting ``or 
     Federal Bureau of Investigation'' after ``Drug Enforcement 
     Administration''.

     SEC. 11006. POLICE CORPS.

       Subtitle A of title XX of the Violent Crime Control and Law 
     Enforcement Act of 1994, the Police Corps Act (42 U.S.C. 
     14091 et seq.), is amended--
       (1) in section 200106--
       (A) in subsection (a)(2)--
       (i) in subparagraph (A), by striking ``$7,500'' and 
     inserting ``$10,000'';
       (ii) in subparagraph (B), by striking ``$10,000'' and 
     inserting ``$13,333''; and
       (iii) in subparagraph (C), by striking ``$30,000'' and 
     inserting ``$40,000''; and
       (B) in subsection (b)(2)--
       (i) in subparagraph (A), by striking ``$7,500'' and 
     inserting ``$10,000'';
       (ii) in subparagraph (B), by striking ``$10,000'' and 
     inserting ``$13,333''; and
       (iii) in subparagraph (C), by striking ``$30,000'' and 
     inserting ``$40,000'';
       (2) in section 200108, by striking ``$250'' and inserting 
     ``$400'';
       (3) in section 20110(2), by striking ``no more than 10 
     percent'' and inserting ``except with permission of the 
     Director, no more than 25 percent''
       (4) by striking section 200111; and
       (5) in section 200112, by striking ``fiscal year 2002'' and 
     inserting ``each of fiscal years 2002 through 2005''.

     SEC. 11007. RADIATION EXPOSURE COMPENSATION TECHNICAL 
                   AMENDMENTS.

       (a) In General.--The Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended--
       (1) in section 4(b)(1)(C), by inserting ``, and that part 
     of Arizona that is north of the Grand Canyon'' after 
     ``Gila'';
       (2) in section 4(b)(2)--
       (A) by striking ``lung cancer (other than in situ lung 
     cancer that is discovered during or after a post-mortem 
     exam),''; and
       (B) by striking ``or liver (except if cirrhosis or 
     hepatitis B is indicated).'' and inserting ``liver (except if 
     cirrhosis or hepatitis B is indicated), or lung.'';
       (3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked 
     for at least 1 year during the period described under clause 
     (i)'' after ``months of radiation'';
       (4) in section 5(a)(2)(A), by striking ``an Atomic Energy 
     Commission'' and inserting ``a'';
       (5) in section 5(b)(5), by striking ``or lung cancer'';
       (6) in section 5(c)(1)(B)(i), by striking ``or lung 
     cancer'';
       (7) in section 5(c)(2)(B)(i), by striking ``or lung 
     cancer'';
       (8) in section 6(e)--
       (A) by striking ``The'' and inserting ``Except as otherwise 
     authorized by law, the''; and
       (B) by inserting ``, mill, or while employed in the 
     transport of uranium ore or vanadium-uranium ore from such 
     mine or mill'' after ``radiation in a uranium mine'';
       (9) in section 6(i), by striking the second sentence;
       (10) in section 6(k), by adding at the end the following: 
     ``Not later than 180 days after the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2000, the 
     Attorney General shall issue revised regulations to carry out 
     this Act.'';
       (11) in section 7, by amending subsection (b) to read as 
     follows:
       ``(b) Choice of Remedies.--No individual may receive more 
     than 1 payment under this Act.''; and
       (12) by adding at the end the following:

     ``SEC. 14. GAO REPORTS.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Radiation Exposure Compensation Act 
     Amendments of 2000, and every 18 months thereafter, the 
     General Accounting Office shall submit a report to Congress 
     containing a detailed accounting of the administration of 
     this Act by the Department of Justice.
       ``(b) Contents.--Each report submitted under this section 
     shall include an analysis of--
       ``(1) claims, awards, and administrative costs under this 
     Act; and
       ``(2) the budget of the Department of Justice relating to 
     this Act.''.
       (b) Conforming Amendments.--Section 3 of the Radiation 
     Exposure Compensation Act Amendments of 2000 (Public Law 106-
     245) is amended by striking subsection (i).

     SEC. 11008. FEDERAL JUDICIARY PROTECTION ACT OF 2002.

       (a) Short Title.--This section may be cited as the 
     ``Federal Judiciary Protection Act of 2002.''.
       (b) Assaulting, Resisting, or Impeding Certain Officers or 
     Employees.--Section 111 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``three'' and inserting 
     ``8''; and
       (2) in subsection (b), by striking ``ten'' and inserting 
     ``20''.
       (c) Influencing, Impeding, or Retaliating Against a Federal 
     Official by Threatening or Injuring a Family Member.--Section 
     115(b)(4) of title 18, United States Code, is amended--
       (1) by striking ``five'' and inserting ``10''; and
       (2) by striking ``three'' and inserting ``6''.
       (d) Mailing Threatening Communications.--Section 876 of 
     title 18, United States Code, is amended--
       (1) by designating the first 4 undesignated paragraphs as 
     subsections (a) through (d), respectively;
       (2) in subsection (c), as redesignated by paragraph (1), by 
     adding at the end the following: ``If such a communication is 
     addressed to a United States judge, a Federal law enforcement 
     officer, or an official who is covered by section 1114, the 
     individual shall be fined under this title, imprisoned not 
     more than 10 years, or both.''; and
       (3) in subsection (d), as redesignated by paragraph (1), by 
     adding at the end the following: ``If such a communication is 
     addressed to a United States judge, a Federal law enforcement 
     officer, or an official who is covered by section 1114, the 
     individual shall be fined under this title, imprisoned not 
     more than 10 years, or both.''.
       (e) Amendment of the Sentencing Guidelines for Assaults and 
     Threats Against Federal Judges and Certain Other Federal 
     Officials and Employees.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     sentencing guidelines and the policy statements of the 
     commission, if appropriate, to provide an appropriate 
     sentencing enhancement for offenses involving influencing, 
     assaulting, resisting, impeding, retaliating against, or 
     threatening a Federal judge, magistrate judge, or any other 
     official described in section 111 or 115 of title 18, United 
     States Code.
       (2) Factors for consideration.--In carrying out this 
     section, the United States Sentencing Commission shall 
     consider, with respect to each offense described in paragraph 
     (1)--
       (A) any expression of congressional intent regarding the 
     appropriate penalties for the offense;
       (B) the range of conduct covered by the offense;
       (C) the existing sentences for the offense;
       (D) the extent to which sentencing enhancements within the 
     Federal sentencing guidelines and the authority of the court 
     to impose a sentence in excess of the applicable guideline 
     range are adequate to ensure punishment at or near the 
     maximum penalty for the most egregious conduct covered by the 
     offense;
       (E) the extent to which the Federal sentencing guideline 
     sentences for the offense have been constrained by statutory 
     maximum penalties;
       (F) the extent to which the Federal sentencing guidelines 
     for the offense adequately achieve the purposes of sentencing 
     as set forth in section 3553(a)(2) of title 18, United States 
     Code;

[[Page H6603]]

       (G) the relationship of the Federal sentencing guidelines 
     for the offense to the Federal sentencing guidelines for 
     other offenses of comparable seriousness; and
       (H) any other factors that the Commission considers to be 
     appropriate.

     SEC. 11009. JAMES GUELFF AND CHRIS MCCURLEY BODY ARMOR ACT OF 
                   2002.

       (a) Short Title.--This section may be cited as the ``James 
     Guelff and Chris McCurley Body Armor Act of 2002''.
       (b) Findings.--Congress finds that--
       (1) nationally, police officers and ordinary citizens are 
     facing increased danger as criminals use more deadly 
     weaponry, body armor, and other sophisticated assault gear;
       (2) crime at the local level is exacerbated by the 
     interstate movement of body armor and other assault gear;
       (3) there is a traffic in body armor moving in or otherwise 
     affecting interstate commerce, and existing Federal controls 
     over such traffic do not adequately enable the States to 
     control this traffic within their own borders through the 
     exercise of their police power;
       (4) recent incidents, such as the murder of San Francisco 
     Police Officer James Guelff by an assailant wearing 2 layers 
     of body armor, a 1997 bank shoot out in north Hollywood, 
     California, between police and 2 heavily armed suspects 
     outfitted in body armor, and the 1997 murder of Captain Chris 
     McCurley of the Etowah County, Alabama Drug Task Force by a 
     drug dealer shielded by protective body armor, demonstrate 
     the serious threat to community safety posed by criminals who 
     wear body armor during the commission of a violent crime;
       (5) of the approximately 7,200 officers killed in the line 
     of duty since 1980, more than 30 percent could have been 
     saved by body armor, and the risk of dying from gunfire is 14 
     times higher for an officer without a bulletproof vest;
       (6) the Department of Justice has estimated that 25 percent 
     of State and local police are not issued body armor;
       (7) the Federal Government is well-equipped to grant local 
     police departments access to body armor that is no longer 
     needed by Federal agencies; and
       (8) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to enact legislation to regulate interstate commerce 
     that affects the integrity and safety of our communities.
       (c) Definitions.--In this section:
       (1) Body armor.--The term ``body armor'' means any product 
     sold or offered for sale, in interstate or foreign commerce, 
     as personal protective body covering intended to protect 
     against gunfire, regardless of whether the product is to be 
     worn alone or is sold as a complement to another product or 
     garment.
       (2) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of the United States, a State, or a 
     political subdivision of a State, authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       (3) Law Enforcement Officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of the United 
     States, a State, or a political subdivision of a State, 
     authorized by law or by a government agency to engage in or 
     supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law.
       (d) Amendment of Sentencing Guidelines With Respect to Body 
     Armor.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     sentencing guidelines and the policy statements of the 
     Commission, as appropriate, to provide an appropriate 
     sentencing enhancement for any crime of violence (as defined 
     in section 16 of title 18, United States Code) or drug 
     trafficking crime (as defined in section 924(c) of title 18, 
     United States Code) (including a crime of violence or drug 
     trafficking crime that provides for an enhanced punishment if 
     committed by the use of a deadly or dangerous weapon or 
     device) in which the defendant used body armor.
       (2) Sense of Congress.--It is the sense of Congress that 
     any sentencing enhancement under this subsection should be at 
     least 2 levels.
       (e) Prohibition of Purchase, Use, or Possession of Body 
     Armor by Violent Felons.--
       (1) Definition of body armor.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(35) The term `body armor' means any product sold or 
     offered for sale, in interstate or foreign commerce, as 
     personal protective body covering intended to protect against 
     gunfire, regardless of whether the product is to be worn 
     alone or is sold as a complement to another product or 
     garment.''.
       (2) Prohibition.--
       (A) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Prohibition on purchase, ownership, or possession 
       of body armor by violent felons

       ``(a) In General.--Except as provided in subsection (b), it 
     shall be unlawful for a person to purchase, own, or possess 
     body armor, if that person has been convicted of a felony 
     that is--
       ``(1) a crime of violence (as defined in section 16); or
       ``(2) an offense under State law that would constitute a 
     crime of violence under paragraph (1) if it occurred within 
     the special maritime and territorial jurisdiction of the 
     United States.
       ``(b) Affirmative Defense.--
       ``(1) In general.--It shall be an affirmative defense under 
     this section that--
       ``(A) the defendant obtained prior written certification 
     from his or her employer that the defendant's purchase, use, 
     or possession of body armor was necessary for the safe 
     performance of lawful business activity; and
       ``(B) the use and possession by the defendant were limited 
     to the course of such performance.
       ``(2) Employer.--In this subsection, the term `employer' 
     means any other individual employed by the defendant's 
     business that supervises defendant's activity. If that 
     defendant has no supervisor, prior written certification is 
     acceptable from any other employee of the business.''.
       (B) Clerical amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
              by violent felons.''.

     SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT.

       Section 2703 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(g) Presence of Officer Not Required.--Notwithstanding 
     section 3105 of this title, the presence of an officer shall 
     not be required for service or execution of a search warrant 
     issued in accordance with this chapter requiring disclosure 
     by a provider of electronic communications service or remote 
     computing service of the contents of communications or 
     records or other information pertaining to a subscriber to or 
     customer of such service.''.

     SEC. 11011. STUDY ON REENTRY, MENTAL ILLNESS, AND PUBLIC 
                   SAFETY.

       (a) Study.--The Attorney General shall commission a study 
     of offenders, or a sampling of such offenders, with mental 
     illness released from prison or jail in 2 or more 
     jurisdictions, including at least 1 State or local and 1 
     Federal, to determine the extent to which participation in 
     public benefit programs correlates with successful reentry 
     and improved public safety.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives--
       (1) a report detailing the results of the study conducted 
     under subsection (a) with findings that address--
       (A) the number of offenders with mental illness released 
     from the prison or jail who qualify for medicaid, SSI, or 
     SSDI;
       (B) the number of offenders with mental illness who qualify 
     for medicaid, SSI, or SSDI benefits and who are enrolled in 
     these programs upon release from prison or jail; and
       (C) how enrollment in medicaid, SSI, or SSDI affects--
       (i) rearrest;
       (ii) violation of condition(s) of release;
       (iii) reincarceration;
       (iv) rehospitalization;
       (v) the length of time upon release from prison or jail 
     time to the first contact with a mental health or substance 
     abuse service; and
       (vi) the number of contacts with a mental health or 
     substance abuse services within the first 90 days of release; 
     and
       (2) any recommendations.
       (c) Authorization of Appropriations.--There are authorized 
     such sums as necessary to conduct the study and issue the 
     report required by this section.

     SEC. 11012. TECHNICAL AMENDMENT TO OMNIBUS CRIME CONTROL ACT.

       Section 802(b) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 is amended in the first sentence by 
     striking ``U,'' and inserting ``T,''.

     SEC. 11013. DEBT COLLECTION IMPROVEMENT.

       (a) In General.--Notwithstanding section 3302 of title 31, 
     United States Code, or any other statute affecting the 
     crediting of collections, the Attorney General may credit, as 
     an offsetting collection, to the Department of Justice 
     Working Capital Fund up to 3 percent of all amounts collected 
     pursuant to civil debt collection litigation activities of 
     the Department of Justice. Such amounts in the Working 
     Capital Fund shall remain available until expended and shall 
     be subject to the terms and conditions of that fund, and 
     shall be used first, for paying the costs of processing and 
     tracking civil and criminal debt-collection litigation, and, 
     thereafter, for financial systems and for debt-collection-
     related personnel, administrative, and litigation expenses.
       (b) Conforming Amendment.--Section 108 of Public Law 103-
     121 is repealed.

     SEC. 11014. SCAAP AUTHORIZATION.

       Section 241(i)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)(5)) is amended by striking ``, of which'' and 
     all that follows through ``2000'' and inserting ``in fiscal 
     years 2003 and 2004''.

     SEC. 11015. USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS.

       (a) Establishment and Transmission of List of Approved 
     Annuity Brokers.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall establish a 
     list of annuity brokers who meet minimum qualifications for 
     providing annuity brokerage services in connection with 
     structured settlements entered by the United States. This 
     list shall be updated upon request by any annuity broker that 
     meets the minimum qualifications for inclusion on the list. 
     The Attorney General shall transmit such list, and any 
     updates to such list, to all United States Attorneys.
       (b) Authority To Select Annuity Broker for Structured 
     Settlements.--In any structured settlement that is not 
     negotiated exclusively through the Civil Division of the 
     Department of Justice, the United States Attorney (or his 
     designee) involved in any settlement negotiations shall have 
     the exclusive authority to select an annuity broker from the 
     list of such brokers established by the Attorney General, 
     provided that all documents related to any settlement comply 
     with Department of Justice requirements.

[[Page H6604]]

     SEC. 11016. INS PROCESSING FEES.

       The Immigration and Nationality Act of 1953 is amended--
       (1) in section 344(c) (8 U.S.C. 1455(c)), by striking 
     ``All'' and inserting ``Except as provided by section 
     286(q)(2) or any other law, all''; and
       (2) in section 286(q)(2) (8 U.S.C. 1356(q)(2)), by 
     inserting ``, including receipts for services performed in 
     processing forms I-94, I-94W, and I-68, and other similar 
     applications processed at land border ports of entry,'' after 
     ``subsection''.

     SEC. 11017. UNITED STATES PAROLE COMMISSION EXTENSION.

       (a) Extension of the Parole Commission.--For purposes of 
     section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 
     2032) as such section relates to chapter 311 of title 18, 
     United States Code, and the Parole Commission, each reference 
     in such section to ``fifteen years'' or ``fifteen-year 
     period'' shall be deemed to be a reference to ``eighteen 
     years'' or ``eighteen-year period'', respectively.
       (b) Study by Attorney General.--The Attorney General, not 
     later than 60 days after the enactment of this Act, should 
     establish a committee within the Department of Justice to 
     evaluate the merits and feasibility of transferring the 
     United States Parole Commission's functions regarding the 
     supervised release of District of Columbia offenders to 
     another entity or entities outside the Department of Justice. 
     This committee should consult with the District of Columbia 
     Superior Court and the District of Columbia Court Services 
     and Offender Supervision Agency, and should report its 
     findings and recommendations to the Attorney General. The 
     Attorney General, in turn, should submit to Congress, not 
     later than 18 months after the enactment of this Act, a long-
     term plan for the most effective and cost-efficient 
     assignment of responsibilities relating to the supervised 
     release of District of Columbia offenders.
       (c) Service as Commissioner.--Notwithstanding section 1 of 
     this legislation, the final clause of the fourth sentence of 
     section 4202 of title 18, United States Code, which begins 
     ``except that'', shall not apply to a person serving as a 
     Commissioner of the United States Parole Commission when this 
     Act takes effect.

     SEC. 11018. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
                   WITH RESPECT TO INTERNATIONAL MEDICAL 
                   GRADUATES.

       (a) Increase in Numerical Limitation on Waivers Requested 
     by States.--Section 214(l)(1)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(l)(1)(B)) is amended by 
     striking ``20;'' and inserting ``30;''.
       (b) Extension of Deadline.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (8 U.S.C. 1182 note) is amended by striking ``2002.'' and 
     inserting ``2004.''.
       (c) Technical Correction.--Section 212(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended 
     by striking ``214(k):'' and inserting ``214(l):''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if this Act were enacted on May 31, 
     2002.

     SEC. 11019. PRETRIAL DISCLOSURE OF EXPERT TESTIMONY RELATING 
                   TO DEFENDANT'S MENTAL CONDITION.

       (a) Modification of Proposed Amendments.--The proposed 
     amendments to the Federal Rules of Criminal Procedure that 
     are embraced by an order entered by the Supreme Court of the 
     United States on April 29, 2002, shall take effect on 
     December 1, 2002, as otherwise provided by law, but with the 
     amendments made in subsection (b).
       (b) Pretrial Disclosure of Expert Testimony.--Rule 16 of 
     the Federal Rules of Criminal Procedure is amended--
       (1) in subdivision (a)(1), by amending subparagraph (G) to 
     read as follows:
       ``(G) Expert witnesses.--At the defendant's request, the 
     Government shall give to the defendant a written summary of 
     any testimony that the government intends to use under Rules 
     702, 703, or 705 of the Federal Rules of Evidence during its 
     case-in-chief at trial. If the Government requests discovery 
     under subdivision (b)(1)(C)(ii) and the defendant complies, 
     the Government shall, at the defendant's request, give to the 
     defendant a written summary of testimony that the Government 
     intends to use under Rules 702, 703, or 705 of the Federal 
     Rules of Evidence as evidence at trial on the issue of the 
     defendant's medical condition. The summary provided under 
     this subparagraph shall describe the witness's opinions, the 
     bases and reasons for those opinions, and the witness's 
     qualifications.''; and
       (2) in subdivision (b)(1), by amending subparagraph (C) to 
     read as follows:
       ``(C) Expert witnesses.--The defendant shall, at the 
     Government's request, give to the Government a written 
     summary of any testimony that the defendant intends to use 
     under Rules 702, 703, or 705 of the Federal Rules of Evidence 
     as evidence at trial, if--
       ``(i) the defendant requests disclosure under subdivision 
     (a)(1)(G) and the government complies; or
       ``(ii) the defendant has given notice under Rule 12.2(b) of 
     an intent to present expert testimony on the defendant's 
     mental condition.
     This summary shall describe the witness's opinions, the bases 
     and reasons for those opinions, and the witness's 
     qualifications''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall take effect on December 1, 2002.

     SEC. 11020. MULTIPARTY, MULTIFORUM TRIAL JURISDICTION ACT OF 
                   2002.

       (a) Short Title.--This section may be cited as the 
     ``Multiparty, Multiforum Trial Jurisdiction Act of 2002''.
       (b) Multiparty, Multiforum Jurisdiction of District 
     Courts.--
       (1) Basis of jurisdiction.--
       (A) In general.--Chapter 85 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1369. Multiparty, multiforum jurisdiction

       ``(a) In General.--The district courts shall have original 
     jurisdiction of any civil action involving minimal diversity 
     between adverse parties that arises from a single accident, 
     where at least 75 natural persons have died in the accident 
     at a discrete location, if--
       ``(1) a defendant resides in a State and a substantial part 
     of the accident took place in another State or other 
     location, regardless of whether that defendant is also a 
     resident of the State where a substantial part of the 
     accident took place;
       ``(2) any two defendants reside in different States, 
     regardless of whether such defendants are also residents of 
     the same State or States; or
       ``(3) substantial parts of the accident took place in 
     different States.
       ``(b) Limitation of Jurisdiction of District Courts.--The 
     district court shall abstain from hearing any civil action 
     described in subsection (a) in which--
       ``(1) the substantial majority of all plaintiffs are 
     citizens of a single State of which the primary defendants 
     are also citizens; and
       ``(2) the claims asserted will be governed primarily by the 
     laws of that State.
       ``(c) Special Rules and Definitions.--For purposes of this 
     section--
       ``(1) minimal diversity exists between adverse parties if 
     any party is a citizen of a State and any adverse party is a 
     citizen of another State, a citizen or subject of a foreign 
     state, or a foreign state as defined in section 1603(a) of 
     this title;
       ``(2) a corporation is deemed to be a citizen of any State, 
     and a citizen or subject of any foreign state, in which it is 
     incorporated or has its principal place of business, and is 
     deemed to be a resident of any State in which it is 
     incorporated or licensed to do business or is doing business;
       ``(3) the term `injury' means--
       ``(A) physical harm to a natural person; and
       ``(B) physical damage to or destruction of tangible 
     property, but only if physical harm described in subparagraph 
     (A) exists;
       ``(4) the term `accident' means a sudden accident, or a 
     natural event culminating in an accident, that results in 
     death incurred at a discrete location by at least 75 natural 
     persons; and
       ``(5) the term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, and any territory or 
     possession of the United States.
       ``(d) Intervening Parties.--In any action in a district 
     court which is or could have been brought, in whole or in 
     part, under this section, any person with a claim arising 
     from the accident described in subsection (a) shall be 
     permitted to intervene as a party plaintiff in the action, 
     even if that person could not have brought an action in a 
     district court as an original matter.
       ``(e) Notification of Judicial Panel on Multidistrict 
     Litigation.--A district court in which an action under this 
     section is pending shall promptly notify the judicial panel 
     on multidistrict litigation of the pendency of the action.''.
       (B) Conforming amendment.--The table of sections at the 
     beginning of chapter 85 of title 28, United States Code, is 
     amended by adding at the end the following new item:

``1369. Multiparty, multiforum jurisdiction.''.

       (2) Venue.--Section 1391 of title 28, United States Code, 
     is amended by adding at the end the following:
       ``(g) A civil action in which jurisdiction of the district 
     court is based upon section 1369 of this title may be brought 
     in any district in which any defendant resides or in which a 
     substantial part of the accident giving rise to the action 
     took place.''.
       (3) Removal of actions.--Section 1441 of title 28, United 
     States Code, is amended--
       (A) in subsection (e) by striking ``(e) The court to which 
     such civil action is removed'' and inserting ``(f) The court 
     to which a civil action is removed under this section''; and
       (B) by inserting after subsection (d) the following new 
     subsection:
       ``(e)(1) Notwithstanding the provisions of subsection (b) 
     of this section, a defendant in a civil action in a State 
     court may remove the action to the district court of the 
     United States for the district and division embracing the 
     place where the action is pending if--
       ``(A) the action could have been brought in a United States 
     district court under section 1369 of this title; or
       ``(B) the defendant is a party to an action which is or 
     could have been brought, in whole or in part, under section 
     1369 in a United States district court and arises from the 
     same accident as the action in State court, even if the 
     action to be removed could not have been brought in a 
     district court as an original matter.

     The removal of an action under this subsection shall be made 
     in accordance with section 1446 of this title, except that a 
     notice of removal may also be filed before trial of the 
     action in State court within 30 days after the date on which 
     the defendant first becomes a party to an action under 
     section 1369 in a United States district court that arises 
     from the same accident as the action in State court, or at a 
     later time with leave of the district court.
       ``(2) Whenever an action is removed under this subsection 
     and the district court to which it is removed or transferred 
     under section 1407(j) has made a liability determination 
     requiring further proceedings as to damages, the district 
     court shall remand the action to the State court from which 
     it had been removed for the determination of damages, unless 
     the court finds that, for the convenience of parties and 
     witnesses and in

[[Page H6605]]

     the interest of justice, the action should be retained for 
     the determination of damages.
       ``(3) Any remand under paragraph (2) shall not be effective 
     until 60 days after the district court has issued an order 
     determining liability and has certified its intention to 
     remand the removed action for the determination of damages. 
     An appeal with respect to the liability determination of the 
     district court may be taken during that 60-day period to the 
     court of appeals with appellate jurisdiction over the 
     district court. In the event a party files such an appeal, 
     the remand shall not be effective until the appeal has been 
     finally disposed of. Once the remand has become effective, 
     the liability determination shall not be subject to further 
     review by appeal or otherwise.
       ``(4) Any decision under this subsection concerning remand 
     for the determination of damages shall not be reviewable by 
     appeal or otherwise.
       ``(5) An action removed under this subsection shall be 
     deemed to be an action under section 1369 and an action in 
     which jurisdiction is based on section 1369 of this title for 
     purposes of this section and sections 1407, 1697, and 1785 of 
     this title.
       ``(6) Nothing in this subsection shall restrict the 
     authority of the district court to transfer or dismiss an 
     action on the ground of inconvenient forum.''.
       (4) Service of process.--
       (A) Other than subpoenas.--(i) Chapter 113 of title 28, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1697. Service in multiparty, multiforum actions

       ``When the jurisdiction of the district court is based in 
     whole or in part upon section 1369 of this title, process, 
     other than subpoenas, may be served at any place within the 
     United States, or anywhere outside the United States if 
     otherwise permitted by law.''.
       (ii) The table of sections at the beginning of chapter 113 
     of title 28, United States Code, is amended by adding at the 
     end the following new item:

``1697. Service in multiparty, multiforum actions.''.

       (B) Service of subpoenas.--(i) Chapter 117 of title 28, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1785. Subpoenas in multiparty, multiforum actions

       ``When the jurisdiction of the district court is based in 
     whole or in part upon section 1369 of this title, a subpoena 
     for attendance at a hearing or trial may, if authorized by 
     the court upon motion for good cause shown, and upon such 
     terms and conditions as the court may impose, be served at 
     any place within the United States, or anywhere outside the 
     United States if otherwise permitted by law.''.
       (ii) The table of sections at the beginning of chapter 117 
     of title 28, United States Code, is amended by adding at the 
     end the following new item:

``1785. Subpoenas in multiparty, multiforum actions.''.

       (c) Effective Date.--The amendments made by subsection (b) 
     shall apply to a civil action if the accident giving rise to 
     the cause of action occurred on or after the 90th day after 
     the date of the enactment of this Act.

     SEC. 11021. ADDITIONAL PLACE OF HOLDING COURT IN THE SOUTHERN 
                   DISTRICT OF OHIO.

       Section 115(b)(2) of title 28, United States Code, is 
     amended by inserting ``St. Clairsville,'' after 
     ``Columbus,''.

     SEC. 11022. DIRECT SHIPMENT OF WINE.

       (a) Conditions for Transporting Certain Wine.--During any 
     period in which the Federal Aviation Administration has in 
     effect restrictions on airline passengers to ensure safety, 
     the direct shipment of wine shall be permitted from States 
     where wine is purchased from a winery, to another State or 
     the District of Columbia, if--
       (1) the wine was purchased while the purchaser was 
     physically present at the winery;
       (2) the purchaser of the wine provided the winery 
     verification of legal age to purchase alcohol;
       (3) the shipping container in which the wine is shipped is 
     marked to require an adult's signature upon delivery;
       (4) the wine is for personal use only and not for resale; 
     and
       (5) the purchaser could have carried the wine lawfully into 
     the State or the District of Columbia to which the wine is 
     shipped.
       (b) Violations.--If any person fails to meet any of the 
     conditions under subsection (a), the attorney general of any 
     State may bring a civil action under the same terms as those 
     set out in section 2 of the Act entitled ``An Act divesting 
     intoxicating liquors of their interstate character in certain 
     cases'', approved March 1, 1913 (commonly known as the 
     ``Webb-Kenyon Act'') (27 U.S.C. 122a).
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, and at 2-year intervals thereafter, 
     the Attorney General of the United States, in consultation 
     with the Administrator of the Federal Aviation 
     Administration, shall prepare and submit to the Committee on 
     the Judiciary of the Senate and to the Committee on the 
     Judiciary of the House of Representatives a report on the 
     implementation of this section.

     SEC. 11023. WEBSTER COMMISSION IMPLEMENTATION REPORT.

       (a) Implementation Plan.--Not later than 6 months after the 
     date of enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the appropriate 
     Committees of Congress a plan for implementation of the 
     recommendations of the Commission for Review of FBI Security 
     Programs, dated March 31, 2002, including the costs of such 
     implementation.
       (b) Annual Reports.--On the date that is 1 year after the 
     submission of the plan described in subsection (a), and for 2 
     years thereafter, the Director of the Federal Bureau of 
     Investigation shall submit to the appropriate Committees of 
     Congress a report on the implementation of such plan.
       (c) Appropriate Committees of Congress.--For purposes of 
     this section, the term ``appropriate Committees of Congress'' 
     means--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives;
       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives;
       (3) the Select Committee on Intelligence of the Senate; and
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 11024. FBI POLICE.

       (a) In General.--Chapter 33 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 540C. FBI Police

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term ``Director'' means the Director 
     of the Federal Bureau of Investigation.
       ``(2) FBI buildings and grounds.--
       ``(A) In general.--The term ``FBI buildings and grounds'' 
     means--
       ``(i) the whole or any part of any building or structure 
     which is occupied under a lease or otherwise by the Federal 
     Bureau of Investigation and is subject to supervision and 
     control by the Federal Bureau of Investigation;
       ``(ii) the land upon which there is situated any building 
     or structure which is occupied wholly by the Federal Bureau 
     of Investigation; and
       ``(iii) any enclosed passageway connecting 2 or more 
     buildings or structures occupied in whole or in part by the 
     Federal Bureau of Investigation.
       ``(B) Inclusion.--The term ``FBI buildings and grounds'' 
     includes adjacent streets and sidewalks not to exceed 500 
     feet from such property.
       ``(3) FBI police.--The term ``FBI police'' means the 
     permanent police force established under subsection (b).
       ``(b) Establishment of FBI Police; Duties.--
       ``(1) In general.--Subject to the supervision of the 
     Attorney General, the Director may establish a permanent 
     police force, to be known as the FBI police.
       ``(2) Duties.--The FBI police shall perform such duties as 
     the Director may prescribe in connection with the protection 
     of persons and property within FBI buildings and grounds.
       ``(3) Uniformed representative.--The Director, or 
     designated representative duly authorized by the Attorney 
     General, may appoint uniformed representatives of the Federal 
     Bureau of Investigation as FBI police for duty in connection 
     with the policing of all FBI buildings and grounds.
       ``(4) Authority.--
       ``(A) In general.--In accordance with regulations 
     prescribed by the Director and approved by the Attorney 
     General, the FBI police may--
       ``(i) police the FBI buildings and grounds for the purpose 
     of protecting persons and property;
       ``(ii) in the performance of duties necessary for carrying 
     out subparagraph (A), make arrests and otherwise enforce the 
     laws of the United States, including the laws of the District 
     of Columbia;
       ``(iii) carry firearms as may be required for the 
     performance of duties;
       ``(iv) prevent breaches of the peace and suppress affrays 
     and unlawful assemblies; and
       ``(v) hold the same powers as sheriffs and constables when 
     policing FBI buildings and grounds.
       ``(B) Exception.--The authority and policing powers of FBI 
     police under this paragraph shall not include the service of 
     civil process.
       ``(5) Pay and benefits.--
       ``(A) In general.--The rates of basic pay, salary schedule, 
     pay provisions, and benefits for members of the FBI police 
     shall be equivalent to the rates of basic pay, salary 
     schedule, pay provisions, and benefits applicable to members 
     of the United States Secret Service Uniformed Division.
       ``(B) Application.--Pay and benefits for the FBI police 
     under subparagraph (A)--
       ``(i) shall be established by regulation;
       ``(ii) shall apply with respect to pay periods beginning 
     after January 1, 2003; and
       ``(iii) shall not result in any decrease in the rates of 
     pay or benefits of any individual.
       ``(c) Authority of Metropolitan Police Force.--This section 
     does not affect the authority of the Metropolitan Police 
     Force of the District of Columbia with respect to FBI 
     buildings and grounds.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 33 of title 28, United States Code, is 
     amended by adding at the end the following new item:

``540C. FBI police.''.

     SEC. 11025. REPORT ON FBI INFORMATION MANAGEMENT AND 
                   TECHNOLOGY.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation, with appropriate comments from other 
     components of the Department of Justice, shall submit to 
     Congress a report on the information management and 
     technology programs of the Federal Bureau of Investigation 
     including recommendations for any legislation that may be 
     necessary to enhance the effectiveness of those programs.
       (b) Contents of Report.--The report submitted under 
     subsection (a) shall provide--
       (1) an analysis and evaluation of whether authority for 
     waiver of any provision of procurement law (including any 
     regulation implementing such a law) is necessary to 
     expeditiously and cost-effectively acquire information

[[Page H6606]]

     technology to meet the unique needs of the Federal Bureau of 
     Investigation to improve its investigative operations in 
     order to respond better to national law enforcement, 
     intelligence, and counterintelligence requirements;
       (2) the results of the studies and audits conducted by the 
     Strategic Management Council and the Inspector General of the 
     Department of Justice to evaluate the information management 
     and technology programs of the Federal Bureau of 
     Investigation, including systems, policies, procedures, 
     practices, and operations; and
       (3) a plan for improving the information management and 
     technology programs of the Federal Bureau of Investigation.
       (c) Results.--The results provided under subsection (b)(2) 
     shall include an evaluation of--
       (1) information technology procedures and practices 
     regarding procurement, training, and systems maintenance;
       (2) record keeping policies, procedures, and practices of 
     the Federal Bureau of Investigation, focusing particularly on 
     how information is inputted, stored, managed, utilized, and 
     shared within the Federal Bureau of Investigation;
       (3) how information in a given database is related or 
     compared to, or integrated with, information in other 
     technology databases within the Federal Bureau of 
     Investigation;
       (4) the effectiveness of the existing information 
     technology infrastructure of the Federal Bureau of 
     Investigation in supporting and accomplishing the overall 
     mission of the Federal Bureau of Investigation;
       (5) the management of information technology projects of 
     the Federal Bureau of Investigation, focusing on how the 
     Federal Bureau of Investigation--
       (A) selects its information technology projects;
       (B) ensures that projects under development deliver 
     benefits; and
       (C) ensures that completed projects deliver the expected 
     results; and
       (6) the security and access control techniques for 
     classified and sensitive but unclassified information systems 
     in the Federal Bureau of Investigation.
       (d) Contents of Plan.--The plan provided under subsection 
     (b)(3) shall include consideration of, among other things--
       (1) to what extent appropriate key technology management 
     positions in the Federal Bureau of Investigation should be 
     filled by personnel with experience in the commercial sector;
       (2) how access to the most sensitive information can be 
     audited in such a manner that suspicious activity is subject 
     to near contemporaneous security review;
       (3) how critical information systems can employ a public 
     key infrastructure to validate both users and recipients of 
     messages or records;
       (4) how security features can be tested to meet national 
     information systems security standards;
       (5) which employees in the Federal Bureau of Investigation 
     should receive instruction in records and information 
     management policies and procedures relevant to their 
     positions and how frequently they should receive that 
     instruction;
       (6) whether and to what extent a reserve should be 
     established for research and development to guide strategic 
     information management and technology investment decisions;
       (7) whether administrative requirements for software 
     purchases under $2,000,000 are necessary and could be 
     eliminated;
       (8) whether the Federal Bureau of Investigation should 
     contract with an expert technology partner to provide 
     technical support for the information technology procurement 
     for the Federal Bureau of Investigation;
       (9) whether procedures should be implemented to permit 
     procurement of products and services through contracts of 
     other agencies, as necessary; and
       (10) whether a systems integration and test center should 
     be established, with the participation of field personnel, to 
     test each series of information systems upgrades or 
     application changes before their operational deployment to 
     confirm that they meet proper requirements.

     SEC. 11026. GAO REPORT ON CRIME STATISTICS REPORTING.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on the Judiciary of the 
     Senate and the House of Representatives a report on the issue 
     of how statistics are reported and used by Federal law 
     enforcement agencies.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) identify the current regulations, procedures, internal 
     policies, or other conditions that allow the investigation or 
     arrest of an individual to be claimed or reported by more 
     than 1 Federal or State agency charged with law enforcement 
     responsibility;
       (2) identify and examine the conditions that allow the 
     investigation or arrest of an individual to be claimed or 
     reported by the Offices of Inspectors General and any other 
     Federal agency charged with law enforcement responsibility;
       (3) examine the statistics reported by Federal law 
     enforcement agencies, and document those instances in which 
     more than 1 agency, bureau, or office claimed or reported the 
     same investigation or arrest during the years 1998 through 
     2001;
       (4) examine the issue of Federal agencies simultaneously 
     claiming arrest credit for in-custody situations that have 
     already occurred pursuant to a State or local agency arrest 
     situation during the years 1998 through 2001;
       (5) examine the issue of how such statistics are used for 
     administrative and management purposes;
       (6) set forth a comprehensive definition of the terms 
     ``investigation'' and ``arrest'' as those terms apply to 
     Federal agencies charged with law enforcement 
     responsibilities; and
       (7) include recommendations, that when implemented, would 
     eliminate unwarranted and duplicative reporting of 
     investigation and arrest statistics by all Federal agencies 
     charged with law enforcement responsibilities.
       (c) Federal Agency Compliance.--Federal law enforcement 
     agencies shall comply with requests made by the General 
     Accounting Office for information that is necessary to assist 
     in preparing the report required by this section.

     SEC. 11027. CRIME-FREE RURAL STATES GRANTS.

       (a) Short Title.--This section may be cited as the ``Crime-
     Free Rural States Act of 2002''.
       (b) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as 
     amended, is amended by inserting after part FF the following 
     new part:

                ``PART GG--CRIME FREE RURAL STATE GRANTS

     ``SEC. 2985. GRANT AUTHORITY.

       ``The Attorney General shall award grants to rural State 
     criminal justice agencies, Byrne agencies, or other agencies 
     as designated by the Governor of that State and approved by 
     the Attorney General, to develop rural States' capacity to 
     assist local communities in the prevention and reduction 
     of crime, violence, and substance abuse.

     ``SEC. 2986. USE OF FUNDS.

       ``(a) In General.--A capacity building grant shall be used 
     to develop a statewide strategic plan as described in section 
     2987 to prevent and reduce crime, violence, and substance 
     abuse.
       ``(b) Permissive Use.--A rural State may also use its grant 
     to provide training and technical assistance to communities 
     and promote innovation in the development of policies, 
     technologies, and programs to prevent and reduce crime.
       ``(c) Data Collection.--A rural State may use up to 5 
     percent of the grant to assist grant recipients in collecting 
     statewide data related to the costs of crime, violence, and 
     substance abuse for purposes of supporting the statewide 
     strategic plan.

     ``SEC. 2987. STATEWIDE STRATEGIC PREVENTION PLAN.

       ``(a) In General.--A statewide strategic prevention plan 
     shall be used by the rural State to assist local communities, 
     both directly and through existing State programs and 
     services, in building comprehensive, strategic, and 
     innovative approaches to reducing crime, violence, and 
     substance abuse based on local conditions and needs.
       ``(b) Goals.--The plan must contain statewide long-term 
     goals and measurable annual objectives for reducing crime, 
     violence, and substance abuse.
       ``(c) Accountability.--The rural State shall be required to 
     develop and report in its plan relevant performance targets 
     and measures for the goals and objectives to track changes in 
     crime, violence, and substance abuse.
       ``(d) Consultation.--The rural State shall form a State 
     crime free communities commission that includes 
     representatives of State and local government, and community 
     leaders who will provide advice and recommendations on 
     relevant community goals and objectives, and performance 
     targets and measures.

     ``SEC. 2988. REQUIREMENTS.

       ``(a) Training and Technical Assistance.--The rural State 
     shall provide training and technical assistance, including 
     through such groups as the National Crime Prevention Council, 
     to assist local communities in developing Crime Prevention 
     Plans that reflect statewide strategic goals and objectives, 
     and performance targets and measures.
       ``(b) Reports.--The rural State shall provide a report on 
     its statewide strategic plan to the Attorney General, 
     including information about--
       ``(1) involvement of relevant State-level agencies to 
     assist communities in the development and implementation of 
     their Crime Prevention Plans;
       ``(2) support for local applications for Community Grants; 
     and
       ``(3) community progress toward reducing crime, violence, 
     and substance abuse.
       ``(c) Certification.--Beginning in the third year of the 
     program, States must certify that the local grantee's project 
     funded under the community grant is generally consistent with 
     statewide strategic goals and objectives, and performance 
     targets and measures.

     ``SEC. 2989. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $10,000,000 to 
     carry out this part for each of fiscal years 2003, 2004, and 
     2005.''.
       (c) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by inserting after the matter 
     relating to part FF the following:

                ``Part GG--Crime Free Rural State Grants

``Sec. 2985. Grant authority.
``Sec. 2986. Use of funds.
``Sec. 2987. Statewide strategic prevention plan.
``Sec. 2988. Requirements.
``Sec. 2989. Authorization of appropriations.''.

     SEC. 11028. MOTOR VEHICLE FRANCHISE CONTRACT DISPUTE 
                   RESOLUTION PROCESS.

       (a) Election of Arbitration.--
       (1) Definitions.--For purposes of this subsection--
       (A) the term ``motor vehicle'' has the meaning given such 
     term in section 30102(6) of title 49 of the United States 
     Code; and
       (B) the term ``motor vehicle franchise contract'' means a 
     contract under which a motor vehicle manufacturer, importer, 
     or distributor sells motor vehicles to any other person for 
     resale to an ultimate purchaser and authorizes such other 
     person to repair and service the manufacturer's motor 
     vehicles.

[[Page H6607]]

       (2) Consent required.--Notwithstanding any other provision 
     of law, whenever a motor vehicle franchise contract provides 
     for the use of arbitration to resolve a controversy arising 
     out of or relating to such contract, arbitration may be used 
     to settle such controversy only if after such controversy 
     arises all parties to such controversy consent in writing to 
     use arbitration to settle such controversy.
       (3) Explanation required.--Notwithstanding any other 
     provision of law, whenever arbitration is elected to settle a 
     dispute under a motor vehicle franchise contract, the 
     arbitrator shall provide the parties to such contract with a 
     written explanation of the factual and legal basis for the 
     award.
       (b) Application.--Subsection (a) shall apply to contracts 
     entered into, amended, altered, modified, renewed, or 
     extended after the date of the enactment of this Act.

     SEC. 11029. HOLDING COURT FOR THE SOUTHERN DISTRICT OF IOWA.

       Notwithstanding any other provision of law, during the 
     period beginning on January 1, 2003, through July 1, 2005, 
     the United States District Court for the Southern District of 
     Iowa may--
       (1) with the consent of the parties in any case filed in 
     the Eastern Division or the Davenport Division of the 
     Southern District of Iowa, hold court on that case in Rock 
     Island, Illinois; and
       (2) summon jurors from the Southern District of Iowa to 
     serve in any case described under paragraph (1).

     SEC. 11030. POSTHUMOUS CITIZENSHIP RESTORATION.

       (a) Short Title.--This section may be cited as the 
     ``Posthumous Citizenship Restoration Act of 2002''.
       (b) Deadline Extension.--Section 329A(c)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1440-1(c)(1)(A)) is 
     amended by striking ``this section,'' and inserting ``the 
     Posthumous Citizenship Restoration Act of 2002,''.

     SEC. 11030A. EXTENSION OF H-1B STATUS FOR ALIENS WITH LENGTHY 
                   ADJUDICATIONS.

       (a) Exemption From Limitation.--Section 106(a) of American 
     Competitiveness in the Twenty-first Century Act of 2000 (8 
     U.S.C. 1184 note) is amended to read as follows:
       ``(a) Exemption From Limitation.--The limitation contained 
     in section 214(g)(4) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)(4)) with respect to the duration of 
     authorized stay shall not apply to any nonimmigrant alien 
     previously issued a visa or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(b) of such Act (8 
     U.S.C.1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed 
     since the filing of any of the following:
       ``(1) Any application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case 
     in which certification is required or used by the alien to 
     obtain status under section 203(b) of such Act (8 U.S.C. 
     1153(b)).
       ``(2) A petition described in section 204(b) of such Act (3 
     U. S.C. 1154(b)) to accord the alien a status under section 
     203(b) of such Act.''.
       (b) Extension of H-1B Worker Status.--Section 106(b) of 
     American Competitiveness in the Twenty-first Century Act of 
     2000 (8 U.S.C. 1184 note) is amended to read as follows:
       ``(b) Extension of H-1B Worker Status.--The Attorney 
     General shall extend the stay of an alien who qualifies for 
     an exemption under subsection (a) in one-year increments 
     until such time as a final decision is made--
       ``(1) to deny the application described in subsection 
     (a)(1), or, in a case in which such application is granted, 
     to deny a petition described in subsection (a)(2) filed on 
     behalf of the alien pursuant to such grant;
       ``(2) to deny the petition described in subsection (a)(2); 
     or
       ``(3) to grant or deny the alien's application for an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence.''.

     SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE 
                   APPLICANT IF CITIZEN PARENT HAS DIED.

       Section 322(a) of the Immigration and Nationality Act (8 
     U.S.C. 1433(a)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``(or, if the citizen parent has died 
     during the preceding 5 years, a citizen grandparent or 
     citizen legal guardian)'' after ``citizen of the United 
     States''; and
       (B) by striking ``such parent'' and inserting ``such 
     applicant'';
       (2) in paragraph (1), by inserting ``(or, at the time of 
     his or her death, was)'' after ``parent'';
       (3) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``(or, at the time of 
     his or her death, had)'' after ``has''; and
       (B) in subparagraph (B), by inserting ``(or, at the time of 
     his or her death, had)'' after ``has'' the first place such 
     term appears;
       (4) by amending paragraph (4), to read as follows:
       ``(4) The child is residing outside of the United States in 
     the legal and physical custody of the applicant (or, if the 
     citizen parent is deceased, an individual who does not object 
     to the application).''; and
       (5) by adding at the end the following:
       ``(5) The child is temporarily present in the United States 
     pursuant to a lawful admission, and is maintaining such 
     lawful status.''.
                      Subtitle B--EB-5 Amendments

                    CHAPTER 1--IMMIGRATION BENEFITS

     SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT 
                   RESIDENT STATUS FOR CERTAIN ALIEN 
                   ENTREPRENEURS, SPOUSES, AND CHILDREN.

       (a) In General.--In lieu of the provisions of section 
     216A(c)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1186b(c)(3)), subsection (c) shall apply in the case of an 
     eligible alien described in subsection (b)(1).
       (b) Eligible Aliens Described.--
       (1) In general.--An alien is an eligible alien described in 
     this subsection if the alien--
       (A) filed, under section 204(a)(1)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any 
     predecessor provision), a petition to accord the alien a 
     status under section 203(b)(5) of such Act (8 U.S.C. 
     1153(b)(5)) that was approved by the Attorney General after 
     January 1, 1995, and before August 31, 1998;
       (B) pursuant to such approval, obtained the status of an 
     alien entrepreneur with permanent resident status on a 
     conditional basis described in section 216A of such Act (8 
     U.S.C. 1186b); and
       (C) timely filed, in accordance with section 216A(c)(1)(A) 
     of such Act (8 U.S.C. 1186b(c)(1)(A)) and before the date of 
     the enactment of this Act, a petition requesting the removal 
     of such conditional basis.
       (2) Reopening petitions previously denied.--
       (A) In general.--In the case of a petition described in 
     paragraph (1)(C) that was denied under section 216A(c)(3)(C) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1186b(c)(3)(C)) before the date of the enactment of this Act, 
     upon a motion to reopen such petition filed by the eligible 
     alien not later than 60 days after such date, the Attorney 
     General shall make determinations on such petition pursuant 
     to subsection (c).
       (B) Petitioners abroad.--In the case of such an eligible 
     alien who is no longer physically present in the United 
     States, the Attorney General shall establish a process under 
     which the alien may be paroled into the United States if 
     necessary in order to obtain the determinations under 
     subsection (c), unless the Attorney General finds that--
       (i) the alien is inadmissible or deportable on any ground; 
     or
       (ii) the petition described in paragraph (1)(C) was denied 
     on the ground that it contains a material misrepresentation 
     in the facts and information described in section 216A(d)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) 
     and alleged in the petition with respect to a commercial 
     enterprise.
       (C) Deportation or removal proceedings.--In the case of 
     such an eligible alien who was placed in deportation or 
     removal proceedings by reason of the denial of the petition 
     described in paragraph (1)(C), a motion to reopen filed under 
     subparagraph (A) shall be treated as a motion to reopen such 
     proceedings. The Attorney General shall grant such motion 
     notwithstanding any time and number limitations imposed by 
     law on motions to reopen such proceedings, except that the 
     scope of any proceeding reopened on this basis shall be 
     limited to whether any order of deportation or removal should 
     be vacated, and the alien granted the status of an alien 
     lawfully admitted for permanent residence (unconditionally or 
     on a conditional basis), by reason of the determinations made 
     under subsection (c). An alien who is inadmissible or 
     deportable on any ground shall not be granted such status, 
     except that this prohibition shall not apply to an alien who 
     has been paroled into the United States under subparagraph 
     (B).
       (c) Determinations on Petitions.--
       (1) Initial determination.--
       (A) In general.--With respect to each eligible alien 
     described in subsection (b)(1), the Attorney General shall 
     make a determination, not later than 180 days after the date 
     of the enactment of this Act, whether--
       (i) the petition described in subsection (b)(1)(C) contains 
     any material misrepresentation in the facts and information 
     described in section 216A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1186b(d)(1)) and alleged in the 
     petition with respect to a commercial enterprise (regardless 
     of whether such enterprise is a limited partnership and 
     regardless of whether the alien entered the enterprise after 
     its formation);
       (ii) subject to subparagraphs (B) and (C), such enterprise 
     created full-time jobs for not fewer than 10 United States 
     citizens or aliens lawfully admitted for permanent residence 
     or other immigrants lawfully authorized to be employed in the 
     United States (other than the eligible alien and the alien's 
     spouse, sons, or daughters), and those jobs exist or existed 
     on any of the dates described in subparagraph (D); and
       (iii) on any of the dates described in subparagraph (D), 
     the alien is in substantial compliance with the capital 
     investment requirement described in section 216A(d)(1)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1186b(d)(1)(B)).
       (B) Investment under pilot immigration program.--For 
     purposes of subparagraph (A)(ii), an investment that 
     satisfies the requirements of section 610(c) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 
     note), as in effect on the date of the enactment of this Act, 
     shall be deemed to satisfy the requirements of such 
     subparagraph.
       (C) Exception for troubled businesses.--In the case of an 
     eligible alien who has made a capital investment in a 
     troubled business (as defined in 8 CFR 204.6(e), as in effect 
     on the date of the enactment of this Act), in lieu of the 
     determination under subparagraph (A)(ii), the Attorney 
     General shall determine whether the number of employees of 
     the business, as measured on any of the dates described in 
     subparagraph (D), is at no less than the pre-investment 
     level.
       (D) Dates.--The dates described in this subparagraph are 
     the following:
       (i) The date on which the petition described in subsection 
     (b)(1)(C) is filed.

[[Page H6608]]

       (ii) 6 months after the date described in clause (i).
       (iii) The date on which the determination under 
     subparagraph (A) or (C) is made.
       (E) Removal of conditional basis if favorable 
     determination.--If the Attorney General renders an 
     affirmative determination with respect to clauses (ii) and 
     (iii) of subparagraph (A), and if the Attorney General 
     renders a negative determination with respect to clause (i) 
     of such subparagraph, the Attorney General shall so notify 
     the alien involved and shall remove the conditional basis of 
     the alien's status (and that of the alien's spouse and 
     children if it was obtained under section 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186b)) effective 
     as of the second anniversary of the alien's lawful admission 
     for permanent residence.
       (F) Requirements relating to adverse determinations.--
       (i) Notice.--If the Attorney General renders an adverse 
     determination with respect to clause (i), (ii), or (iii) of 
     subparagraph (A), the Attorney General shall so notify the 
     alien involved. The notice shall be in writing and shall 
     state the factual basis for any adverse determination. The 
     Attorney General shall provide the alien with an opportunity 
     to submit evidence to rebut any adverse determination. If the 
     Attorney General reverses all adverse determinations pursuant 
     to such rebuttal, the Attorney General shall so notify the 
     alien involved and shall remove the conditional basis of the 
     alien's status (and that of the alien's spouse and children 
     if it was obtained under section 216A of the Immigration 
     and Nationality Act (8 U.S.C. 1186b)) effective as of the 
     second anniversary of the alien's lawful admission for 
     permanent residence.
       (ii) Continuation of conditional basis if certain adverse 
     determinations.--If the Attorney General renders an adverse 
     determination with respect to clause (ii) or (iii) of 
     subparagraph (A), and the eligible alien's rebuttal does not 
     cause the Attorney General to reverse such determination, the 
     Attorney General shall continue the conditional basis of the 
     alien's permanent resident status (and that of the alien's 
     spouse and children if it was obtained under section 216A of 
     the Immigration and Nationality Act (8 U.S.C. 1186b)) for a 
     2-year period.
       (iii) Termination if adverse determination.--If the 
     Attorney General renders an adverse determination with 
     respect to subparagraph (A)(i), and the eligible alien's 
     rebuttal does not cause the Attorney General to reverse such 
     determination, the Attorney General shall so notify the alien 
     involved and, subject to subsection (d), shall terminate the 
     permanent resident status of the alien (and that of the 
     alien's spouse and children if it was obtained on a 
     conditional basis under section 216A of the Immigration and 
     Nationality Act (8 U.S.C. 1186b)).
       (iv) Administrative and judicial review.--An alien may seek 
     administrative review of an adverse determination made under 
     subparagraph (A) by filing a petition for such review with 
     the Board of Immigration Appeals. If the Board of Immigration 
     Appeals denies the petition, the alien may seek judicial 
     review. The procedures for judicial review under this clause 
     shall be the same as the procedures for judicial review of a 
     final order of removal under section 242(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(a)(1)). During 
     the period in which an administrative or judicial appeal 
     under this clause is pending, the Attorney General shall 
     continue the conditional basis of the alien's permanent 
     resident status (and that of the alien's spouse and children 
     if it was obtained under section 216A of the Immigration and 
     Nationality Act (8 U.S.C. 1186b)).
       (2) Second determination.--
       (A) Authorization to consider investments in other 
     commercial enterprises.--In determining under this paragraph 
     whether to remove a conditional basis continued under 
     paragraph (1)(F)(ii) with respect to an alien, the Attorney 
     General shall consider any capital investment made by the 
     alien in a commercial enterprise (regardless of whether such 
     enterprise is a limited partnership and regardless of whether 
     the alien entered the enterprise after its formation), in the 
     United States, regardless of whether that investment was made 
     before or after the determinations under paragraph (1) and 
     regardless of whether the commercial enterprise is the same 
     as that considered in the determinations under such 
     paragraph, if facts and information with respect to the 
     investment and the enterprise are included in the petition 
     submitted under subparagraph (B).
       (B) Petition.--In order for a conditional basis continued 
     under paragraph (1)(F)(ii) for an eligible alien (and the 
     alien's spouse and children) to be removed, the alien must 
     submit to the Attorney General, during the period described 
     in subparagraph (C), a petition which requests the removal of 
     such conditional basis and which states, under penalty of 
     perjury, the facts and information described in subparagraphs 
     (A) and (B) of section 216A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to any 
     commercial enterprise (regardless of whether such enterprise 
     is a limited partnership and regardless of whether the alien 
     entered the enterprise after its formation) which the alien 
     desires to have considered under this paragraph, regardless 
     of whether such enterprise was created before or after the 
     determinations made under paragraph (1).
       (C) Period for filing petition.--
       (i) 90-day period before second anniversary.--Except as 
     provided in clause (ii), the petition under subparagraph (B) 
     must be filed during the 90-day period before the second 
     anniversary of the continuation, under paragraph (1)(F)(ii), 
     of the conditional basis of the alien's lawful admission for 
     permanent residence.
       (ii) Date petitions for good cause.--Such a petition may be 
     considered if filed after such date, but only if the alien 
     establishes to the satisfaction of the Attorney General good 
     cause and extenuating circumstances for failure to file the 
     petition during the period described in clause (i).
       (D) Termination of permanent resident status for failure to 
     file petition.--
       (i) In general.--In the case of an alien with permanent 
     resident status on a conditional basis under paragraph 
     (1)(F)(ii), if no petition is filed with respect to the alien 
     in accordance with subparagraph (B), the Attorney General 
     shall terminate the permanent resident status of the alien 
     (and the alien's spouse and children if it was obtained on a 
     conditional basis under section 216A of the Immigration and 
     Nationality Act (8 U.S.C. 1186b)) as of the second 
     anniversary of the continuation, under paragraph (1)(F)(ii), 
     of the conditional basis of the alien's lawful admission for 
     permanent residence.
       (ii) Hearing in removal proceeding.--In any removal 
     proceeding with respect to an alien whose permanent resident 
     status is terminated under clause (i), the burden of proof 
     shall be on the alien to establish compliance with 
     subparagraph (B).
       (E) Determinations after petition.--If a petition is filed 
     by an eligible alien in accordance with subparagraph (B), the 
     Attorney General shall make a determination, within 90 days 
     of the date of such filing, whether--
       (i) the petition contains any material misrepresentation in 
     the facts and information alleged in the petition with 
     respect to the commercial enterprises included in such 
     petition;
       (ii) all such enterprises, considered together, created 
     full-time jobs for not fewer than 10 United States citizens 
     or aliens lawfully admitted for permanent residence or other 
     immigrants lawfully authorized to be employed in the United 
     States (other than the eligible alien and the alien's spouse, 
     sons, or daughters), and those jobs exist on the date on 
     which the determination is made, except that--

       (I) this clause shall apply only if the Attorney General 
     made an adverse determination with respect to the eligible 
     alien under paragraph (1)(A)(ii);
       (II) the provisions of subparagraphs (B) and (C) of 
     paragraph (1) shall apply to a determination under this 
     clause in the same manner as they apply to a determination 
     under paragraph (1)(A)(ii); and
       (III) if the Attorney General determined under paragraph 
     (1)(A)(ii) that any jobs satisfying the requirement of such 
     paragraph were created, the number of those jobs shall be 
     subtracted from the number of jobs otherwise needed to 
     satisfy the requirement of this clause; and

       (iii) considering all such enterprises together, on the 
     date on which the determination is made, the eligible alien 
     is in substantial compliance with the capital investment 
     requirement described in section 216A(d)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)), 
     except that--

       (I) this clause shall apply only if the Attorney General 
     made an adverse determination with respect to the eligible 
     alien under paragraph (1)(A)(iii); and
       (II) if the Attorney General determined under paragraph 
     (1)(A)(iii) that any capital amount was invested that could 
     be credited towards compliance with the capital investment 
     requirement described in section 216A(d)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)), 
     such amount shall be subtracted from the amount of capital 
     otherwise needed to satisfy the requirement of this clause.

       (F) Removal of conditional basis if favorable 
     determination.--If the Attorney General renders an 
     affirmative determination with respect to clauses (ii) and 
     (iii) of subparagraph (E), and if the Attorney General 
     renders a negative determination with respect to clause (i) 
     of such subparagraph, the Attorney General shall so notify 
     the alien involved and shall remove the conditional basis of 
     the alien's status (and that of the alien's spouse and 
     children if it was obtained under section 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186b)) effective 
     as of the second anniversary of the continuation, under 
     paragraph (1)(F)(ii), of the conditional basis of the alien's 
     lawful admission for permanent residence.
       (G) Requirements relating to adverse determinations.--
       (i) Notice.--If the Attorney General renders an adverse 
     determination under subparagraph (E), the Attorney General 
     shall so notify the alien involved. The notice shall be in 
     writing and shall state the factual basis for any adverse 
     determination. The Attorney General shall provide the alien 
     with an opportunity to submit evidence to rebut any adverse 
     determination. If the Attorney General reverses all adverse 
     determinations pursuant to such rebuttal, the Attorney 
     General shall so notify the alien involved and shall remove 
     the conditional basis of the alien's status (and that of the 
     alien's spouse and children if it was obtained under section 
     216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) 
     effective as of the second anniversary of the continuation, 
     under paragraph (1)(F)(ii), of the conditional basis of the 
     alien's lawful admission for permanent residence.
       (ii) Termination if adverse determination.--If the eligible 
     alien's rebuttal does not cause the Attorney General to 
     reverse each adverse determination under subparagraph (E), 
     the Attorney General shall so notify the alien involved and, 
     subject to subsection (d), shall terminate the permanent 
     resident status of the alien (and that of the alien's spouse 
     and children if it was obtained on a conditional basis under 
     section 216A of the Immigration and Nationality Act (8 U.S.C. 
     1186b)).
       (d) Hearing in Removal Proceeding.--Any alien whose 
     permanent resident status is terminated under paragraph 
     (1)(F)(iii) or (2)(G)(ii) of subsection (c) may request a 
     review of such determination in a proceeding to remove the 
     alien. In such proceeding, the burden of proof shall be on 
     the Attorney General.

[[Page H6609]]

       (e) Clarification With Respect to Children.--In the case of 
     an alien who obtained the status of an alien lawfully 
     admitted for permanent residence on a conditional basis 
     before the date of the enactment of this Act by virtue of 
     being the child of an eligible alien described in subsection 
     (b)(1), the alien shall be considered to be a child for 
     purposes of this section regardless of any change in age or 
     marital status after obtaining such status.
       (f) Definition of Full-Time.--For purposes of this section, 
     the term ``full-time'' means a position that requires at 
     least 35 hours of service per week at any time, regardless of 
     who fills the position.

     SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.

       (a) In General.--With respect to each eligible alien 
     described in subsection (b), the Attorney General or the 
     Secretary of State shall approve the application described in 
     subsection (b)(2) and grant the alien (and any spouse or 
     child of the alien, if the spouse or child is eligible to 
     receive a visa under section 203(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(d))) the status of an alien 
     lawfully admitted for permanent residence on a conditional 
     basis under section 216A of such Act (8 U.S.C. 1186b). Such 
     application shall be approved not later than 180 days after 
     the date of the enactment of this Act.
       (b) Eligible Aliens Described.--An alien is an eligible 
     alien described in this subsection if the alien--
       (1) filed, under section 204(a)(1)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any 
     predecessor provision), a petition to accord the alien a 
     status under section 203(b)(5) of such Act (8 U.S.C. 
     1153(b)(5)) that was approved by the Attorney General after 
     January 1, 1995, and before August 31, 1998;
       (2) pursuant to such approval, timely filed before the date 
     of the enactment of this Act an application for adjustment of 
     status under section 245 of such Act (8 U.S.C. 1255) or an 
     application for an immigrant visa under section 203(b)(5) of 
     such Act (8 U.S.C. 1153(b)(5)); and
       (3) is not inadmissible or deportable on any ground.
       (c) Treatment of Certain Applications.--
       (1) Revocation of approval of petitions.--If the Attorney 
     General revoked the approval of a petition described in 
     subsection (b)(1), such revocation shall be disregarded for 
     purposes of this section if it was based on a determination 
     that the alien failed to satisfy section 203(b)(5)(A)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1153(b)(5)(A)(ii)).
       (2) Applications no longer pending.--
       (A) In general.--If an application described in subsection 
     (b)(2) is not pending on the date of the enactment of this 
     Act, the Attorney General shall disregard the circumstances 
     leading to such lack of pendency and treat it as reopened, if 
     such lack of pendency is due to a determination that the 
     alien--
       (i) failed to satisfy section 203(b)(5)(A)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)); 
     or
       (ii) departed the United States without advance parole.
       (B) Applicants abroad.--In the case of an eligible alien 
     who filed an application for adjustment of status described 
     in subsection (b)(2), but who is no longer physically present 
     in the United States, the Attorney General shall establish a 
     process under which the alien may be paroled into the United 
     States if necessary in order to obtain adjustment of status 
     under this section.
       (d) Recordation of Date; Reduction of Numbers.--Upon the 
     approval of an application under subsection (a), the Attorney 
     General shall record the alien's lawful admission for 
     permanent residence on a conditional basis as of the date of 
     such approval and the Secretary of State shall reduce by one 
     the number of visas authorized to be issued under sections 
     201(d) and 203(b)(5) of the Immigration and Nationality Act 
     (8 U.S.C. 1151(d) and 1153(b)(5)) for the fiscal year then 
     current.
       (e) Removal of Conditional Basis.--
       (1) Petition.--In order for a conditional basis established 
     under this section for an alien (and the alien's spouse and 
     children) to be removed, the alien must satisfy the 
     requirements of section 216A(c)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1186b(c)(1)), including the 
     submission of a petition in accordance with subparagraph (A) 
     of such section. Such petition may include the facts and 
     information described in subparagraphs (A) and (B) of section 
     216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1186b(d)(1)) with respect to any commercial enterprise 
     (regardless of whether such enterprise is a limited 
     partnership and regardless of whether the alien entered the 
     enterprise after its formation) in the United States in which 
     the alien has made a capital investment at any time.
       (2) Determination.--In carrying out section 216A(c)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) 
     with respect to an alien described in paragraph (1), the 
     Attorney General, in lieu of the determination described in 
     such section 216A(c)(3), shall make a determination, within 
     90 days of the date of such filing, whether--
       (A) the petition described in paragraph (1) contains any 
     material misrepresentation in the facts and information 
     alleged in the petition with respect to the commercial 
     enterprises included in the petition;
       (B) subject to subparagraphs (B) and (C) of section 
     11031(c)(1), all such enterprises, considered together, 
     created full-time jobs for not fewer than 10 United States 
     citizens or aliens lawfully admitted for permanent residence 
     or other immigrants lawfully authorized to be employed in the 
     United States (other than the alien and the alien's spouse, 
     sons, or daughters), and those jobs exist or existed on 
     either of the dates described in paragraph (3); and
       (C) considering the alien's investments in such enterprises 
     on either of the dates described in paragraph (3), or on both 
     such dates, the alien is or was in substantial compliance 
     with the capital investment requirement described in section 
     216A(d)(1)(B) of the Immigration and Nationality Act (8 
     U.S.C. 1186b(d)(1)(B)).
       (3) Dates.--The dates described in this paragraph are the 
     following:
       (A) The date on which the application described in 
     subsection (b)(2) was filed.
       (B) The date on which the determination under paragraph (2) 
     is made.
       (f) Clarification With Respect to Children.--In the case of 
     an alien who was a child on the date on which the application 
     described in subsection (b)(2) was filed, the alien shall be 
     considered to be a child for purposes of this section 
     regardless of any change in age or marital status after 
     such date.

     SEC. 11033. REGULATIONS.

       The Immigration and Naturalization Service shall promulgate 
     regulations to implement this chapter not later than 120 days 
     after the date of enactment of this Act. Until such 
     regulations are promulgated, the Attorney General shall not 
     deny a petition filed or pending under section 216A(c)(1)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1186b(c)(1)(A)) that relates to an eligible alien described 
     in section 11031, or on an application filed or pending under 
     section 245 of such Act (8 U.S.C. 1255) that relates to an 
     eligible alien described in section 11032. Until such 
     regulations are promulgated, the Attorney General shall not 
     initiate or proceed with removal proceedings under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
     that relate to an eligible alien described in section 11031 
     or 11032.

     SEC. 11034. DEFINITIONS.

       Except as otherwise provided, the terms used in this 
     chapter shall have the meaning given such terms in section 
     101(b) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)).

                  CHAPTER 2--AMENDMENTS TO OTHER LAWS

     SEC. 11035. DEFINITION OF ``FULL-TIME EMPLOYMENT''.

       Section 203(b)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(5)) is amended by adding at the end the 
     following:
       ``(D) Full-time employment defined.--In this paragraph, the 
     term `full-time employment' means employment in a position 
     that requires at least 35 hours of service per week at any 
     time, regardless of who fills the position.''.

     SEC. 11036. ELIMINATING ENTERPRISE ESTABLISHMENT REQUIREMENT 
                   FOR ALIEN ENTREPRENEURS.

       (a) Preference Allocation for Employment Creation.--Section 
     203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1153(b)(5)) is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``enterprise--'' and inserting ``enterprise (including a 
     limited partnership)--'';
       (B) by striking clause (i); and
       (C) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (2) in subparagraph (B)(i), by striking ``establish'' and 
     inserting ``invest in''.
       (b) Conditional Permanent Resident Status for Alien 
     Entrepreneurs, Spouses, and Children.--Section 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186b) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (A) by striking ``establishment of'' 
     and inserting ``investment in''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B)(i) the alien did not invest, or was not actively in 
     the process of investing, the requisite capital; or
       ``(ii) the alien was not sustaining the actions described 
     in clause (i) throughout the period of the alien's residence 
     in the United States; or'';
       (2) by amending subsection (d)(1) to read as follows:
       ``(1) Contents of petition.--Each petition under subsection 
     (c)(1)(A) shall contain facts and information demonstrating 
     that the alien--
       ``(A)(i) invested, or is actively in the process of 
     investing, the requisite capital; and
       ``(ii) sustained the actions described in clause (i) 
     throughout the period of the alien's residence in the United 
     States; and
       ``(B) is otherwise conforming to the requirements of 
     section 203(b)(5).''; and
       (3) by adding at the end of subsection (f) the following:
       ``(3) The term `commercial enterprise' includes a limited 
     partnership.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to aliens having any of the following 
     petitions pending on or after the date of the enactment of 
     this Act:
       (1) A petition under section 204(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or 
     any predecessor provision), with respect to status under 
     section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).
       (2) A petition under section 216A(c)(1)(A) of such Act (8 
     U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an 
     alien's permanent resident status.

     SEC. 11037. AMENDMENTS TO PILOT IMMIGRATION PROGRAM FOR 
                   REGIONAL CENTERS TO PROMOTE ECONOMIC GROWTH.

       (a) Purpose of Program.--Section 610(a) of the Departments 
     of Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note), is 
     amended--
       (1) by inserting after ``regional center in the United 
     States'' the following: ``, designated by

[[Page H6610]]

     the Attorney General on the basis of a general proposal,'';
       (2) by striking ``and increased domestic'' and inserting 
     ``or increased domestic''; and
       (3) by adding at the end the following:
     ``A regional center shall have jurisdiction over a limited 
     geographic area, which shall be described in the proposal and 
     consistent with the purpose of concentrating pooled 
     investment in defined economic zones. The establishment of a 
     regional center may be based on general predictions, 
     contained in the proposal, concerning the kinds of commercial 
     enterprises that will receive capital from aliens, the jobs 
     that will be created directly or indirectly as a result of 
     such capital investments, and the other positive economic 
     effects such capital investments will have.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to--
       (1) any proposal for a regional center pending before the 
     Attorney General (whether for an initial decision or on 
     appeal) on or after the date of the enactment of this Act; 
     and
       (2) any of the following petitions, if filed on or after 
     the date of the enactment of this Act:
       (A) A petition under section 204(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or 
     any predecessor provision)(or any predecessor provision), 
     with respect to status under section 203(b)(5) of such Act (8 
     U.S.C. 1153(b)(5)).
       (B) A petition under section 216A(c)(1)(A) of such Act (8 
     U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an 
     alien's permanent resident status.
             Subtitle C--Judicial Improvements Act of 2002

     SEC. 11041. SHORT TITLE.

       This subtitle may be cited as the ``Judicial Improvements 
     Act of 2002''.

     SEC. 11042. JUDICIAL DISCIPLINE PROCEDURES.

       (a) In General.--Part I of title 28, United States Code, is 
     amended by inserting after chapter 15 the following new 
     chapter:

    ``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of 
              Appeals for the Federal Circuit.
``364. Effect of felony conviction.

     ``Sec. 351. Complaints; judge defined

       ``(a) Filing of Complaint by Any Person.--Any person 
     alleging that a judge has engaged in conduct prejudicial to 
     the effective and expeditious administration of the business 
     of the courts, or alleging that such judge is unable to 
     discharge all the duties of office by reason of mental or 
     physical disability, may file with the clerk of the court of 
     appeals for the circuit a written complaint containing a 
     brief statement of the facts constituting such conduct.
       ``(b) Identifying Complaint by Chief Judge.--In the 
     interests of the effective and expeditious administration of 
     the business of the courts and on the basis of information 
     available to the chief judge of the circuit, the chief judge 
     may, by written order stating reasons therefor, identify a 
     complaint for purposes of this chapter and thereby dispense 
     with filing of a written complaint.
       ``(c) Transmittal of Complaint.--Upon receipt of a 
     complaint filed under subsection (a), the clerk shall 
     promptly transmit the complaint to the chief judge of the 
     circuit, or, if the conduct complained of is that of the 
     chief judge, to that circuit judge in regular active service 
     next senior in date of commission (hereafter, for purposes of 
     this chapter only, included in the term `chief judge'). The 
     clerk shall simultaneously transmit a copy of the complaint 
     to the judge whose conduct is the subject of the complaint. 
     The clerk shall also transmit a copy of any complaint 
     identified under subsection (b) to the judge whose conduct is 
     the subject of the complaint.
       ``(d) Definitions.--In this chapter--
       ``(1) the term `judge' means a circuit judge, district 
     judge, bankruptcy judge, or magistrate judge; and
       ``(2) the term `complainant' means the person filing a 
     complaint under subsection (a) of this section.

     ``Sec. 352. Review of complaint by chief judge

       ``(a) Expeditious Review; Limited Inquiry.--The chief judge 
     shall expeditiously review any complaint received under 
     section 351(a) or identified under section 351(b). In 
     determining what action to take, the chief judge may conduct 
     a limited inquiry for the purpose of determining--
       ``(1) whether appropriate corrective action has been or can 
     be taken without the necessity for a formal investigation; 
     and
       ``(2) whether the facts stated in the complaint are either 
     plainly untrue or are incapable of being established through 
     investigation.
     For this purpose, the chief judge may request the judge whose 
     conduct is complained of to file a written response to the 
     complaint. Such response shall not be made available to the 
     complainant unless authorized by the judge filing the 
     response. The chief judge or his or her designee may also 
     communicate orally or in writing with the complainant, the 
     judge whose conduct is complained of, and any other person 
     who may have knowledge of the matter, and may review any 
     transcripts or other relevant documents. The chief judge 
     shall not undertake to make findings of fact about any matter 
     that is reasonably in dispute.
       ``(b) Action by Chief Judge Following Review.--After 
     expeditiously reviewing a complaint under subsection (a), the 
     chief judge, by written order stating his or her reasons, 
     may--
       ``(1) dismiss the complaint--
       ``(A) if the chief judge finds the complaint to be--
       ``(i) not in conformity with section 351(a);
       ``(ii) directly related to the merits of a decision or 
     procedural ruling; or
       ``(iii) frivolous, lacking sufficient evidence to raise an 
     inference that misconduct has occurred, or containing 
     allegations which are incapable of being established through 
     investigation; or
       ``(B) when a limited inquiry conducted under subsection (a) 
     demonstrates that the allegations in the complaint lack any 
     factual foundation or are conclusively refuted by objective 
     evidence; or
       ``(2) conclude the proceeding if the chief judge finds that 
     appropriate corrective action has been taken or that action 
     on the complaint is no longer necessary because of 
     intervening events.
     The chief judge shall transmit copies of the written order to 
     the complainant and to the judge whose conduct is the subject 
     of the complaint.
       ``(c) Review of Orders of Chief Judge.--A complainant or 
     judge aggrieved by a final order of the chief judge under 
     this section may petition the judicial council of the circuit 
     for review thereof. The denial of a petition for review of 
     the chief judge's order shall be final and conclusive and 
     shall not be judicially reviewable on appeal or otherwise.
       ``(d) Referral of Petitions for Review to Panels of the 
     Judicial Council.--Each judicial council may, pursuant to 
     rules prescribed under section 358, refer a petition for 
     review filed under subsection (c) to a panel of no fewer than 
     5 members of the council, at least 2 of whom shall be 
     district judges.

     ``Sec. 353. Special committees

       ``(a) Appointment.--If the chief judge does not enter an 
     order under section 352(b), the chief judge shall promptly--
       ``(1) appoint himself or herself and equal numbers of 
     circuit and district judges of the circuit to a special 
     committee to investigate the facts and allegations contained 
     in the complaint;
       ``(2) certify the complaint and any other documents 
     pertaining thereto to each member of such committee; and
       ``(3) provide written notice to the complainant and the 
     judge whose conduct is the subject of the complaint of the 
     action taken under this subsection.
       ``(b) Change in Status or Death of Judges.--A judge 
     appointed to a special committee under subsection (a) may 
     continue to serve on that committee after becoming a senior 
     judge or, in the case of the chief judge of the circuit, 
     after his or her term as chief judge terminates under 
     subsection (a)(3) or (c) of section 45. If a judge appointed 
     to a committee under subsection (a) dies, or retires from 
     office under section 371(a), while serving on the committee, 
     the chief judge of the circuit may appoint another circuit or 
     district judge, as the case may be, to the committee.
       ``(c) Investigation by Special Committee.--Each committee 
     appointed under subsection (a) shall conduct an investigation 
     as extensive as it considers necessary, and shall 
     expeditiously file a comprehensive written report thereon 
     with the judicial council of the circuit. Such report shall 
     present both the findings of the investigation and the 
     committee's recommendations for necessary and appropriate 
     action by the judicial council of the circuit.

     ``Sec. 354. Action by judicial council

       ``(a) Actions Upon Receipt of Report.--
       ``(1) Actions.--The judicial council of a circuit, upon 
     receipt of a report filed under section 353(c)--
       ``(A) may conduct any additional investigation which it 
     considers to be necessary;
       ``(B) may dismiss the complaint; and
       ``(C) if the complaint is not dismissed, shall take such 
     action as is appropriate to assure the effective and 
     expeditious administration of the business of the courts 
     within the circuit.
       ``(2) Description of possible actions if complaint not 
     dismissed.--
       ``(A) In general.--Action by the judicial council under 
     paragraph (1)(C) may include--
       ``(i) ordering that, on a temporary basis for a time 
     certain, no further cases be assigned to the judge whose 
     conduct is the subject of a complaint;
       ``(ii) censuring or reprimanding such judge by means of 
     private communication; and
       ``(iii) censuring or reprimanding such judge by means of 
     public announcement.
       ``(B) For article iii judges.--If the conduct of a judge 
     appointed to hold office during good behavior is the subject 
     of the complaint, action by the judicial council under 
     paragraph (1)(C) may include--
       ``(i) certifying disability of the judge pursuant to the 
     procedures and standards provided under section 372(b); and
       ``(ii) requesting that the judge voluntarily retire, with 
     the provision that the length of service requirements under 
     section 371 of this title shall not apply.
       ``(C) For magistrate judges.--If the conduct of a 
     magistrate judge is the subject of the complaint, action by 
     the judicial council under paragraph (1)(C) may include 
     directing the chief judge of the district of the magistrate 
     judge to take such action as the judicial council considers 
     appropriate.
       ``(3) Limitations on judicial council regarding removals.--

[[Page H6611]]

       ``(A) Article iii judges.--Under no circumstances may the 
     judicial council order removal from office of any judge 
     appointed to hold office during good behavior.
       ``(B) Magistrate and bankruptcy judges.--Any removal of a 
     magistrate judge under this subsection shall be in accordance 
     with section 631 and any removal of a bankruptcy judge shall 
     be in accordance with section 152.
       ``(4) Notice of action to judge.--The judicial council 
     shall immediately provide written notice to the complainant 
     and to the judge whose conduct is the subject of the 
     complaint of the action taken under this subsection.
       ``(b) Referral to Judicial Conference.--
       ``(1) In general.--In addition to the authority granted 
     under subsection (a), the judicial council may, in its 
     discretion, refer any complaint under section 351, together 
     with the record of any associated proceedings and its 
     recommendations for appropriate action, to the Judicial 
     Conference of the United States.
       ``(2) Special circumstances.--In any case in which the 
     judicial council determines, on the basis of a complaint and 
     an investigation under this chapter, or on the basis of 
     information otherwise available to the judicial council, that 
     a judge appointed to hold office during good behavior may 
     have engaged in conduct--
       ``(A) which might constitute one or more grounds for 
     impeachment under article II of the Constitution, or
       ``(B) which, in the interest of justice, is not amenable to 
     resolution by the judicial council,

     the judicial council shall promptly certify such 
     determination, together with any complaint and a record of 
     any associated proceedings, to the Judicial Conference of the 
     United States.
       ``(3) Notice to complainant and judge.--A judicial council 
     acting under authority of this subsection shall, unless 
     contrary to the interests of justice, immediately submit 
     written notice to the complainant and to the judge whose 
     conduct is the subject of the action taken under this 
     subsection.

     ``Sec. 355. Action by Judicial Conference

       ``(a) In General.--Upon referral or certification of any 
     matter under section 354(b), the Judicial Conference, after 
     consideration of the prior proceedings and such additional 
     investigation as it considers appropriate, shall by majority 
     vote take such action, as described in section 354(a)(1)(C) 
     and (2), as it considers appropriate.
       ``(b) If Impeachment Warranted.--
       ``(1) In general.--If the Judicial Conference concurs in 
     the determination of the judicial council, or makes its own 
     determination, that consideration of impeachment may be 
     warranted, it shall so certify and transmit the determination 
     and the record of proceedings to the House of Representatives 
     for whatever action the House of Representatives considers to 
     be necessary. Upon receipt of the determination and record of 
     proceedings in the House of Representatives, the Clerk of the 
     House of Representatives shall make available to the public 
     the determination and any reasons for the determination.
       ``(2) In case of felony conviction.--If a judge has been 
     convicted of a felony under State or Federal law and has 
     exhausted all means of obtaining direct review of the 
     conviction, or the time for seeking further direct review of 
     the conviction has passed and no such review has been sought, 
     the Judicial Conference may, by majority vote and without 
     referral or certification under section 354(b), transmit to 
     the House of Representatives a determination that 
     consideration of impeachment may be warranted, together with 
     appropriate court records, for whatever action the House of 
     Representatives considers to be necessary.

     ``Sec. 356. Subpoena power

       ``(a) Judicial Councils and Special Committees.--In 
     conducting any investigation under this chapter, the judicial 
     council, or a special committee appointed under section 353, 
     shall have full subpoena powers as provided in section 
     332(d).
       ``(b) Judicial Conference and Standing Committees.--In 
     conducting any investigation under this chapter, the Judicial 
     Conference, or a standing committee appointed by the Chief 
     Justice under section 331, shall have full subpoena powers as 
     provided in that section.

     ``Sec. 357. Review of orders and actions

       ``(a) Review of Action of Judicial Council.--A complainant 
     or judge aggrieved by an action of the judicial council under 
     section 354 may petition the Judicial Conference of the 
     United States for review thereof.
       ``(b) Action of Judicial Conference.--The Judicial 
     Conference, or the standing committee established under 
     section 331, may grant a petition filed by a complainant or 
     judge under subsection (a).
       ``(c) No Judicial Review.--Except as expressly provided in 
     this section and section 352(c), all orders and 
     determinations, including denials of petitions for review, 
     shall be final and conclusive and shall not be judicially 
     reviewable on appeal or otherwise.

     ``Sec. 358. Rules

       ``(a) In General.--Each judicial council and the Judicial 
     Conference may prescribe such rules for the conduct of 
     proceedings under this chapter, including the processing of 
     petitions for review, as each considers to be appropriate.
       ``(b) Required Provisions.--Rules prescribed under 
     subsection (a) shall contain provisions requiring that--
       ``(1) adequate prior notice of any investigation be given 
     in writing to the judge whose conduct is the subject of a 
     complaint under this chapter;
       ``(2) the judge whose conduct is the subject of a complaint 
     under this chapter be afforded an opportunity to appear (in 
     person or by counsel) at proceedings conducted by the 
     investigating panel, to present oral and documentary 
     evidence, to compel the attendance of witnesses or the 
     production of documents, to cross-examine witnesses, and to 
     present argument orally or in writing; and
       ``(3) the complainant be afforded an opportunity to appear 
     at proceedings conducted by the investigating panel, if the 
     panel concludes that the complainant could offer substantial 
     information.
       ``(c) Procedures.--Any rule prescribed under this section 
     shall be made or amended only after giving appropriate public 
     notice and an opportunity for comment. Any such rule shall be 
     a matter of public record, and any such rule promulgated by a 
     judicial council may be modified by the Judicial Conference. 
     No rule promulgated under this section may limit the period 
     of time within which a person may file a complaint under this 
     chapter.

     ``Sec. 359. Restrictions

       ``(a) Restriction on Individuals Who Are Subject of 
     Investigation.--No judge whose conduct is the subject of an 
     investigation under this chapter shall serve upon a special 
     committee appointed under section 353, upon a judicial 
     council, upon the Judicial Conference, or upon the standing 
     committee established under section 331, until all 
     proceedings under this chapter relating to such investigation 
     have been finally terminated.
       ``(b) Amicus Curiae.--No person shall be granted the right 
     to intervene or to appear as amicus curiae in any proceeding 
     before a judicial council or the Judicial Conference under 
     this chapter.

     ``Sec. 360. Disclosure of information

       ``(a) Confidentiality of Proceedings.--Except as provided 
     in section 355, all papers, documents, and records of 
     proceedings related to investigations conducted under this 
     chapter shall be confidential and shall not be disclosed by 
     any person in any proceeding except to the extent that--
       ``(1) the judicial council of the circuit in its discretion 
     releases a copy of a report of a special committee under 
     section 353(c) to the complainant whose complaint initiated 
     the investigation by that special committee and to the judge 
     whose conduct is the subject of the complaint;
       ``(2) the judicial council of the circuit, the Judicial 
     Conference of the United States, or the Senate or the House 
     of Representatives by resolution, releases any such material 
     which is believed necessary to an impeachment investigation 
     or trial of a judge under article I of the Constitution; or
       ``(3) such disclosure is authorized in writing by the judge 
     who is the subject of the complaint and by the chief judge of 
     the circuit, the Chief Justice, or the chairman of the 
     standing committee established under section 331.
       ``(b) Public Availability of Written Orders.--Each written 
     order to implement any action under section 354(a)(1)(C), 
     which is issued by a judicial council, the Judicial 
     Conference, or the standing committee established under 
     section 331, shall be made available to the public through 
     the appropriate clerk's office of the court of appeals for 
     the circuit. Unless contrary to the interests of justice, 
     each such order shall be accompanied by written reasons 
     therefor.

     ``Sec. 361. Reimbursement of expenses

       ``Upon the request of a judge whose conduct is the subject 
     of a complaint under this chapter, the judicial council may, 
     if the complaint has been finally dismissed under section 
     354(a)(1)(B), recommend that the Director of the 
     Administrative Office of the United States Courts award 
     reimbursement, from funds appropriated to the Federal 
     judiciary, for those reasonable expenses, including 
     attorneys' fees, incurred by that judge during the 
     investigation which would not have been incurred but for the 
     requirements of this chapter.

     ``Sec. 362. Other provisions and rules not affected

       ``Except as expressly provided in this chapter, nothing in 
     this chapter shall be construed to affect any other provision 
     of this title, the Federal Rules of Civil Procedure, the 
     Federal Rules of Criminal Procedure, the Federal Rules of 
     Appellate Procedure, or the Federal Rules of Evidence.

     ``Sec. 363. Court of Federal Claims, Court of International 
       Trade, Court of Appeals for the Federal Circuit

       ``The United States Court of Federal Claims, the Court of 
     International Trade, and the Court of Appeals for the Federal 
     Circuit shall each prescribe rules, consistent with the 
     provisions of this chapter, establishing procedures for the 
     filing of complaints with respect to the conduct of any judge 
     of such court and for the investigation and resolution of 
     such complaints. In investigating and taking action with 
     respect to any such complaint, each such court shall have the 
     powers granted to a judicial council under this chapter.

     ``Sec. 364. Effect of felony conviction

       ``In the case of any judge or judge of a court referred to 
     in section 363 who is convicted of a felony under State or 
     Federal law and has exhausted all means of obtaining direct 
     review of the conviction, or the time for seeking further 
     direct review of the conviction has passed and no such review 
     has been sought, the following shall apply:
       ``(1) The judge shall not hear or decide cases unless the 
     judicial council of the circuit (or, in the case of a judge 
     of a court referred to in section 363, that court) determines 
     otherwise.
       ``(2) Any service as such judge or judge of a court 
     referred to in section 363, after the conviction is final and 
     all time for filing appeals thereof has expired, shall not be 
     included for purposes of determining years of service under 
     section 371(c), 377, or 178 of this title or creditable 
     service under subchapter III of chapter 83, or chapter 84, of 
     title 5.''.
       (b) Conforming Amendment.--The table of chapters for part I 
     of title 28, United States

[[Page H6612]]

     Code, is amended by inserting after the item relating to 
     chapter 15 the following new item:

``16. Complaints against judges and judicial discipline..........351''.

     SEC. 11043. TECHNICAL AMENDMENTS.

       (a) Retirement for Disability.--(1) Section 372 of title 
     28, United States Code, is amended--
       (A) in the section caption by striking ``; judicial 
     discipline''; and
       (B) by striking subsection (c).
       (2) The item relating to section 372 in the table of 
     sections for chapter 17 of title 28, United States Code, is 
     amended by striking ``; judicial discipline''.
       (b) Judicial Conference.--Section 331 of title 28, United 
     States Code, is amended in the fourth undesignated paragraph 
     by striking ``section 372(c)'' each place it appears and 
     inserting ``chapter 16''.
       (c) Judicial Councils.--Section 332 of title 28, United 
     States Code, is amended--
       (1) in subsection (d)(2)--
       (A) by striking ``section 372(c) of this title'' and 
     inserting ``chapter 16 of this title''; and
       (B) by striking ``372(c)(4)'' and inserting ``353''; and
       (2) by striking the second subsection designated as 
     subsection (h).
       (d) Recall of Bankruptcy Judges and Magistrate Judges.--
     Section 375(d) of title 28, United States Code, is amended by 
     striking ``section 372(c)'' and inserting ``chapter 16''.
       (e) Director of the Administrative Office of the United 
     States Courts.--Section 604 of title 28, United States Code, 
     is amended--
       (1) in subsection (a)(20)--
       (A) in subparagraph (B), by striking ``372(c)(11)'' and 
     inserting ``358''; and
       (B) in subparagraph (C), by striking ``372(c)(15)'' and 
     inserting ``360(b)''; and
       (2) in subsection (h)--
       (A) in paragraph (1), by striking ``section 372'' each 
     place it appears and inserting ``chapter 16''; and
       (B) in paragraph (2), by striking ``section 372(c)'' and 
     inserting ``chapter 16''.
       (f) Court of Appeals for Veterans Claims.--Section 7253(g) 
     of title 38, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``section 372(c)'' and inserting ``chapter 
     16''; and
       (B) by striking ``such section'' and inserting ``such 
     chapter'';
       (2) in paragraph (2)--
       (A) in the first sentence, by striking ``paragraphs (7) 
     through (15) of section 372(c)'' and inserting ``sections 
     354(b) through 360''; and
       (B) in the second sentence, by striking ``paragraph (7) or 
     (8) of section 372(c)'' and inserting ``section 354(b) or 
     355''; and
       (3) in paragraph (3)(B), by striking ``372(c)(16)'' and 
     inserting ``361''.

     SEC. 11044. SEVERABILITY.

       If any provision of this subtitle, an amendment made by 
     this subtitle, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this subtitle, the 
     amendments made by this subtitle, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
       Subtitle D--Antitrust Modernization Commission Act of 2002

     SEC. 11051. SHORT TITLE.

       This subtitle may be cited as the ``Antitrust Modernization 
     Commission Act of 2002''.

     SEC. 11052. ESTABLISHMENT.

       There is established the Antitrust Modernization Commission 
     (in this subtitle referred to as the ``Commission'').

     SEC. 11053. DUTIES OF THE COMMISSION.

       The duties of the Commission are--
       (1) to examine whether the need exists to modernize the 
     antitrust laws and to identify and study related issues;
       (2) to solicit views of all parties concerned with the 
     operation of the antitrust laws;
       (3) to evaluate the advisability of proposals and current 
     arrangements with respect to any issues so identified; and
       (4) to prepare and to submit to Congress and the President 
     a report in accordance with section 11058.

     SEC. 11054. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed of 12 members appointed as follows:
       (1) Four members, no more than 2 of whom shall be of the 
     same political party, shall be appointed by the President. 
     The President shall appoint members of the opposing party 
     only on the recommendation of the leaders of Congress from 
     that party.
       (2) Two members shall be appointed by the majority leader 
     of the Senate.
       (3) Two members shall be appointed by the minority leader 
     of the Senate.
       (4) Two members shall be appointed by the Speaker of the 
     House of Representatives.
       (5) Two members shall be appointed by the minority leader 
     of the House of Representatives.
       (b) Ineligibility for Appointment.--Members of Congress 
     shall be ineligible for appointment to the Commission.
       (c) Term of Appointment.--
       (1) In general.--Subject to paragraph (2), members of the 
     Commission shall be appointed for the life of the Commission.
       (2) Early termination of appointment.--If a member of the 
     Commission who is appointed to the Commission as--
       (A) an officer or employee of a government ceases to be an 
     officer or employee of such government; or
       (B) an individual who is not an officer or employee of a 
     government becomes an officer or employee of a government;

     then such member shall cease to be a member of the Commission 
     on the expiration of the 90-day period beginning on the date 
     such member ceases to be such officer or employee of such 
     government, or becomes an officer or employee of a 
     government, as the case may be.
       (d) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but a lesser number may conduct 
     meetings.
       (e) Appointment Deadline.--Initial appointments under 
     subsection (a) shall be made not later than 60 days after the 
     date of enactment of this Act.
       (f) Meetings.--The Commission shall meet at the call of the 
     chairperson. The first meeting of the Commission shall be 
     held not later than 30 days after the date on which all 
     members of the Commission are first appointed under 
     subsection (a) or funds are appropriated to carry out this 
     subtitle, whichever occurs later.
       (g) Vacancy.--A vacancy on the Commission shall be filled 
     in the same manner as the initial appointment is made.
       (h) Consultation Before Appointment.--Before appointing 
     members of the Commission, the President, the majority and 
     minority leaders of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives shall consult with each other to ensure fair 
     and equitable representation of various points of view in the 
     Commission.
       (i) Chairperson; Vice Chairperson.--The President shall 
     select the chairperson of the Commission from among its 
     appointed members. The leaders of Congress from the opposing 
     party of the President shall select the vice chairperson of 
     the Commission from among its remaining members.

     SEC. 11055. COMPENSATION OF THE COMMISSION.

       (a) Pay.--
       (1) Nongovernment employees.--Each member of the Commission 
     who is not otherwise employed by a government shall be 
     entitled to receive the daily equivalent of the annual rate 
     of basic pay payable for level IV of the Executive Schedule 
     under section 5315 of title 5 United States Code, as in 
     effect from time to time, for each day (including travel 
     time) during which such member is engaged in the actual 
     performance of duties of the Commission.
       (2) Government employees.--A member of the Commission who 
     is an officer or employee of a government shall serve without 
     additional pay (or benefits in the nature of compensation) 
     for service as a member of the Commission.
       (b) Travel Expenses.--Members of the Commission shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.

     SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

       (a) Staff.--
       (1) Appointment.--The chairperson of the Commission may, 
     without regard to the provisions of chapter 51 of title 5 of 
     the United States Code (relating to appointments in the 
     competitive service), appoint and terminate an executive 
     director and such other staff as are necessary to enable the 
     Commission to perform its duties. The appointment of an 
     executive director shall be subject to approval by the 
     Commission.
       (2) Compensation.--The chairperson of the Commission may 
     fix the compensation of the executive director and other 
     staff without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5 of the United States 
     Code (relating to classification of positions and General 
     Schedule pay rates), except that the rate of pay for the 
     executive director and other staff may not exceed the rate of 
     basic pay payable for level V of the Executive Schedule under 
     section 5315 of title 5 United States Code, as in effect from 
     time to time.
       (b) Experts and Consultants.--The Commission may procure 
     temporary and intermittent services of experts and 
     consultants in accordance with section 3109(b) of title 5, 
     United States Code.

     SEC. 11057. POWERS OF THE COMMISSION.

       (a) Hearings and Meetings.--The Commission, or a member of 
     the Commission if authorized by the Commission, may hold such 
     hearings, sit and act at such time and places, take such 
     testimony, and receive such evidence, as the Commission 
     considers to be appropriate. The Commission or a member of 
     the Commission may administer oaths or affirmations to 
     witnesses appearing before the Commission or such member.
       (b) Official Data.--The Commission may obtain directly from 
     any executive agency (as defined in section 105 of title 5 of 
     the United States Code) or court information necessary to 
     enable it to carry out its duties under this subtitle. On the 
     request of the chairperson of the Commission, and consistent 
     with any other law, the head of an executive agency or of a 
     Federal court shall provide such information to the 
     Commission.
       (c) Facilities and Support Services.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis such facilities and support services as 
     the Commission may request. On request of the Commission, the 
     head of an executive agency may make any of the facilities or 
     services of such agency available to the Commission, on a 
     reimbursable or nonreimbursable basis, to assist the 
     Commission in carrying out its duties under this subtitle.
       (d) Expenditures and Contracts.--The Commission or, on 
     authorization of the Commission, a member of the Commission 
     may make expenditures and enter into contracts for the 
     procurement of such supplies, services, and property as the 
     Commission or such member considers to be appropriate for the 
     purpose of carrying out the duties of the Commission. Such 
     expenditures and contracts may be made only to such extent or 
     in such amounts as are provided in advance in appropriation 
     Acts.

[[Page H6613]]

       (e) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (f) Gifts, Bequests, and Devises.--The Commission may 
     accept, use, and dispose of gifts, bequests, or devises of 
     services or property, both real and personal, for the purpose 
     of aiding or facilitating the work of the Commission. Gifts, 
     bequests, or devises of money and proceeds from sales of 
     other property received as gifts, bequests, or devises shall 
     be deposited in the Treasury and shall be available for 
     disbursement upon order of the Commission.

     SEC. 11058. REPORT.

       Not later than 3 years after the first meeting of the 
     Commission, the Commission shall submit to Congress and the 
     President a report containing a detailed statement of the 
     findings and conclusions of the Commission, together with 
     recommendations for legislative or administrative action the 
     Commission considers to be appropriate.

     SEC. 11059. TERMINATION OF COMMISSION.

       The Commission shall cease to exist 30 days after the date 
     on which the report required by section 8 is submitted.

     SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $4,000,000 to carry 
     out this subtitle.
                       TITLE II--JUVENILE JUSTICE
              Subtitle A--Juvenile Offender Accountability

     SEC. 12101. SHORT TITLE.

       This subtitle may be cited as the ``Consequences for 
     Juvenile Offenders Act of 2002''.

     SEC. 12102. JUVENILE OFFENDER ACCOUNTABILITY.

       (a) Grant Program.--Part R of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et 
     seq.) is amended to read as follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

     ``SEC. 1801. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General is authorized to 
     provide grants to States, for use by States and units of 
     local government, and in certain cases directly to specially 
     qualified units.
       ``(b) Authorized Activities.--Amounts paid to a State or a 
     unit of local government under this part shall be used by the 
     State or unit of local government for the purpose of 
     strengthening the juvenile justice system, which includes--
       ``(1) developing, implementing, and administering graduated 
     sanctions for juvenile offenders;
       ``(2) building, expanding, renovating, or operating 
     temporary or permanent juvenile correction, detention, or 
     community corrections facilities;
       ``(3) hiring juvenile court judges, probation officers, and 
     court-appointed defenders and special advocates, and funding 
     pretrial services (including mental health screening and 
     assessment) for juvenile offenders, to promote the effective 
     and expeditious administration of the juvenile justice 
     system;
       ``(4) hiring additional prosecutors, so that more cases 
     involving violent juvenile offenders can be prosecuted and 
     case backlogs reduced;
       ``(5) providing funding to enable prosecutors to address 
     drug, gang, and youth violence problems more effectively and 
     for technology, equipment, and training to assist prosecutors 
     in identifying and expediting the prosecution of violent 
     juvenile offenders;
       ``(6) establishing and maintaining training programs for 
     law enforcement and other court personnel with respect to 
     preventing and controlling juvenile crime;
       ``(7) establishing juvenile gun courts for the prosecution 
     and adjudication of juvenile firearms offenders;
       ``(8) establishing drug court programs for juvenile 
     offenders that provide continuing judicial supervision over 
     juvenile offenders with substance abuse problems and the 
     integrated administration of other sanctions and services for 
     such offenders;
       ``(9) establishing and maintaining a system of juvenile 
     records designed to promote public safety;
       ``(10) establishing and maintaining interagency 
     information-sharing programs that enable the juvenile and 
     criminal justice systems, schools, and social services 
     agencies to make more informed decisions regarding the early 
     identification, control, supervision, and treatment of 
     juveniles who repeatedly commit serious delinquent or 
     criminal acts;
       ``(11) establishing and maintaining accountability-based 
     programs designed to reduce recidivism among juveniles who 
     are referred by law enforcement personnel or agencies;
       ``(12) establishing and maintaining programs to conduct 
     risk and need assessments of juvenile offenders that 
     facilitate the effective early intervention and the provision 
     of comprehensive services, including mental health screening 
     and treatment and substance abuse testing and treatment to 
     such offenders;
       ``(13) establishing and maintaining accountability-based 
     programs that are designed to enhance school safety;
       ``(14) establishing and maintaining restorative justice 
     programs;
       ``(15) establishing and maintaining programs to enable 
     juvenile courts and juvenile probation officers to be more 
     effective and efficient in holding juvenile offenders 
     accountable and reducing recidivism; or
       ``(16) hiring detention and corrections personnel, and 
     establishing and maintaining training programs for such 
     personnel to improve facility practices and programming.
       ``(c) Definition.--In this section the term `restorative 
     justice program' means a program that emphasizes the moral 
     accountability of an offender toward the victim and the 
     affected community and may include community reparations 
     boards, restitution (in the form of monetary payment or 
     service to the victim or, where no victim can be identified, 
     service to the affected community), and mediation between 
     victim and offender.

     ``SEC. 1801A. TRIBAL GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--From the amount reserved under section 
     1810(b), the Attorney General shall make grants to Indian 
     tribes for programs to strengthen tribal juvenile justice 
     systems and to hold tribal youth accountable.
       ``(b) Eligibility.--Indian tribes, as defined by section 
     102 of the Federally Recognized Indian Tribe List Act of 1994 
     (25 U.S.C. 479a), or a consortia of such tribes, shall submit 
     to the Attorney General an application in such form and 
     containing such information as the Attorney General may 
     require. Only tribes that carry out tribal juvenile justice 
     functions shall be eligible to receive a grant under this 
     section.
       ``(c) Awards.--The Attorney General shall award grants 
     under this section on a competitive basis.
       ``(d) Guidelines.--The Attorney General shall issue 
     guidelines establishing application, use, and award criteria 
     and processes consistent with the purposes and requirements 
     of this Act.

     ``SEC. 1802. GRANT ELIGIBILITY.

       ``(a) State Eligibility.--To be eligible to receive a grant 
     under this part, a State shall submit to the Attorney General 
     an application at such time, in such form, and containing 
     such assurances and information as the Attorney General may 
     require by guidelines, including--
       ``(1) information about--
       ``(A) the activities proposed to be carried out with such 
     grant; and
       ``(B) the criteria by which the State proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(2) assurances that the State and any unit of local 
     government to which the State provides funding under section 
     1803(b), has in effect (or shall have in effect, not later 
     than 1 year after the date that the State submits such 
     application) laws, or has implemented (or shall implement, 
     not later than 1 year after the date that the State submits 
     such application) policies and programs, that provide for a 
     system of graduated sanctions described in subsection (c).
       ``(b) Local Eligibility.--
       ``(1) Subgrant eligibility.--To be eligible to receive a 
     subgrant, a unit of local government, other than a specially 
     qualified unit, shall provide to the State--
       ``(A) information about--
       ``(i) the activities proposed to be carried out with such 
     subgrant; and
       ``(ii) the criteria by which the unit proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(B) such assurances as the State shall require, that, to 
     the maximum extent applicable, the unit of local government 
     has in effect (or shall have in effect, not later than 1 year 
     after the date that the unit submits such application) laws, 
     or has implemented (or shall implement, not later than 1 year 
     after the date that the unit submits such application) 
     policies and programs, that provide for a system of graduated 
     sanctions described in subsection (c).
       ``(2) Special rule.--The requirements of paragraph (1) 
     shall apply to a specially qualified unit that receives funds 
     from the Attorney General under section 1803(e), except that 
     information that is otherwise required to be submitted to the 
     State shall be submitted to the Attorney General.
       ``(c) Role of Courts.--In the development of the grant 
     application, the States and units of local governments shall 
     take into consideration the needs of the judicial branch in 
     strengthening the juvenile justice system and specifically 
     seek the advice of the chief of the highest court of the 
     State and where appropriate, the chief judge of the local 
     court, with respect to the application.
       ``(d) Graduated Sanctions.--A system of graduated 
     sanctions, which may be discretionary as provided in 
     subsection (e), shall ensure, at a minimum, that--
       ``(1) sanctions are imposed on a juvenile offender for each 
     delinquent offense;
       ``(2) sanctions escalate in intensity with each subsequent, 
     more serious delinquent offense;
       ``(3) there is sufficient flexibility to allow for 
     individualized sanctions and services suited to the 
     individual juvenile offender; and
       ``(4) appropriate consideration is given to public safety 
     and victims of crime.
       ``(e) Discretionary Use of Sanctions.--
       ``(1) Voluntary participation.--A State or unit of local 
     government may be eligible to receive a grant under this part 
     if--
       ``(A) its system of graduated sanctions is discretionary; 
     and
       ``(B) it demonstrates that it has promoted the use of a 
     system of graduated sanctions by taking steps to encourage 
     implementation of such a system by juvenile courts.
       ``(2) Reporting requirement if graduated sanctions not 
     used.--
       ``(A) Juvenile courts.--A State or unit of local government 
     in which the imposition of graduated sanctions is 
     discretionary shall require each juvenile court within its 
     jurisdiction--
       ``(i) which has not implemented a system of graduated 
     sanctions, to submit an annual report that explains why such 
     court did not implement graduated sanctions; and
       ``(ii) which has implemented a system of graduated 
     sanctions but has not imposed graduated sanctions in all 
     cases, to submit an annual report that explains why such 
     court did not impose graduated sanctions in all cases.
       ``(B) Units of local government.--Each unit of local 
     government, other than a specially

[[Page H6614]]

     qualified unit, that has 1 or more juvenile courts that use a 
     discretionary system of graduated sanctions shall collect the 
     information reported under subparagraph (A) for submission to 
     the State each year.
       ``(C) States.--Each State and specially qualified unit that 
     has 1 or more juvenile courts that use a discretionary system 
     of graduated sanctions shall collect the information reported 
     under subparagraph (A) for submission to the Attorney General 
     each year. A State shall also collect and submit to the 
     Attorney General the information collected under subparagraph 
     (B).
       ``(f) Definitions.--In this section:
       ``(1) Discretionary.--The term `discretionary' means that a 
     system of graduated sanctions is not required to be imposed 
     by each and every juvenile court in a State or unit of local 
     government.
       ``(2) Sanctions.--The term `sanctions' means tangible, 
     proportional consequences that hold the juvenile offender 
     accountable for the offense committed. A sanction may include 
     counseling, restitution, community service, a fine, 
     supervised probation, or confinement.

     ``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) State Allocation.--
       ``(1) In general.--In accordance with regulations 
     promulgated pursuant to this part and except as provided in 
     paragraph (3), the Attorney General shall allocate--
       ``(A) 0.50 percent for each State; and
       ``(B) of the total funds remaining after the allocation 
     under subparagraph (A), to each State, an amount which bears 
     the same ratio to the amount of remaining funds described in 
     this subparagraph as the population of people under the age 
     of 18 living in such State for the most recent calendar year 
     in which such data is available bears to the population of 
     people under the age of 18 of all the States for such fiscal 
     year.
       ``(2) Prohibition.--No funds allocated to a State under 
     this subsection or received by a State for distribution under 
     subsection (b) may be distributed by the Attorney General or 
     by the State involved for any program other than a program 
     contained in an approved application.
       ``(b) Local Distribution.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State which receives funds under subsection (a)(1) in a 
     fiscal year shall distribute among units of local government, 
     for the purposes specified in section 1801, not less than 75 
     percent of such amounts received.
       ``(2) Waiver.--If a State submits to the Attorney General 
     an application for waiver that demonstrates and certifies to 
     the Attorney General that--
       ``(A) the State's juvenile justice expenditures in the 
     fiscal year preceding the date in which an application is 
     submitted under this part (the `State percentage') is more 
     than 25 percent of the aggregate amount of juvenile justice 
     expenditures by the State and its eligible units of local 
     government; and
       ``(B) the State has consulted with as many units of local 
     government in such State, or organizations representing such 
     units, as practicable regarding the State's calculation of 
     expenditures under subparagraph (A), the State's application 
     for waiver under this paragraph, and the State's proposed 
     uses of funds.
       ``(3) Allocation.--In making the distribution under 
     paragraph (1), the State shall allocate to such units of 
     local government an amount which bears the same ratio to the 
     aggregate amount of such funds as--
       ``(A) the sum of--
       ``(i) the product of--

       ``(I) three-quarters; multiplied by
       ``(II) the average juvenile justice expenditure for such 
     unit of local government for the 3 most recent calendar years 
     for which such data is available; plus

       ``(ii) the product of--

       ``(I) one-quarter; multiplied by
       ``(II) the average annual number of part 1 violent crimes 
     in such unit of local government for the 3 most recent 
     calendar years for which such data is available, bears to--

       ``(B) the sum of the products determined under subparagraph 
     (A) for all such units of local government in the State.
       ``(4) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (3) for a payment 
     period shall not exceed 100 percent of juvenile justice 
     expenditures of the unit for such payment period.
       ``(5) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (4) shall be available to other units 
     of local government that are not affected by such operation 
     in accordance with this subsection.
       ``(c) Unavailability of Data for Units of Local 
     Government.--If the State has reason to believe that the 
     reported rate of part 1 violent crimes or juvenile justice 
     expenditures for a unit of local government is insufficient 
     or inaccurate, the State shall--
       ``(1) investigate the methodology used by the unit to 
     determine the accuracy of the submitted data; and
       ``(2) if necessary, use the best available comparable data 
     regarding the number of violent crimes or juvenile justice 
     expenditures for the relevant years for the unit of local 
     government.
       ``(d) Local Government With Allocations Less Than 
     $10,000.--If under this section a unit of local government is 
     allocated less than $10,000 for a payment period, the amount 
     allotted shall be expended by the State on services to units 
     of local government whose allotment is less than such amount 
     in a manner consistent with this part.
       ``(e) Direct Grants to Specially Qualified Units.--
       ``(1) In general.--If a State does not qualify or apply for 
     funds reserved for allocation under subsection (a) by the 
     application deadline established by the Attorney General, the 
     Attorney General shall reserve not more than 75 percent of 
     the allocation that the State would have received under 
     subsection (a) for such fiscal year to provide grants to 
     specially qualified units which meet the requirements for 
     funding under section 1802.
       ``(2) Award basis.--In addition to the qualification 
     requirements for direct grants for specially qualified units 
     the Attorney General may use the average amount allocated by 
     the States to units of local government as a basis for 
     awarding grants under this section.

     ``SEC. 1804. GUIDELINES.

       ``(a) In General.--The Attorney General shall issue 
     guidelines establishing procedures under which a State or 
     specifically qualified unit of local government that receives 
     funds under section 1803 is required to provide notice to the 
     Attorney General regarding the proposed use of funds made 
     available under this part.
       ``(b) Advisory Board.--
       ``(1) In general.--The guidelines referred to in subsection 
     (a) shall include a requirement that such eligible State or 
     unit of local government establish and convene an advisory 
     board to recommend a coordinated enforcement plan for the use 
     of such funds.
       ``(2) Membership.--The board shall include representation 
     from, if appropriate--
       ``(A) the State or local police department;
       ``(B) the local sheriff's department;
       ``(C) the State or local prosecutor's office;
       ``(D) the State or local juvenile court;
       ``(E) the State or local probation office;
       ``(F) the State or local educational agency;
       ``(G) a State or local social service agency;
       ``(H) a nonprofit, nongovernmental victim advocacy 
     organization; and
       ``(I) a nonprofit, religious, or community group.

     ``SEC. 1805. PAYMENT REQUIREMENTS.

       ``(a) Timing of Payments.--The Attorney General shall pay 
     to each State or specifically qualified unit of local 
     government that receives funds under section 1803 that has 
     submitted an application under this part the amount awarded 
     to such State or unit of local government not later than the 
     later of--
       ``(1) the date that is 180 days after the date that the 
     amount is available; or
       ``(2) the first day of the payment period if the State has 
     provided the Attorney General with the assurances required by 
     subsection (c).
       ``(b) Repayment of Unexpended Amounts.--
       ``(1) Repayment required.--From amounts awarded under this 
     part, a State or specially qualified unit shall repay to the 
     Attorney General, before the expiration of the 36-month 
     period beginning on the date of the award, any amount that is 
     not expended by such State or unit.
       ``(2) Extension.--The Attorney General may adopt policies 
     and procedures providing for a one-time extension, by not 
     more than 12 months, of the period referred to in paragraph 
     (1).
       ``(3) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Attorney General shall reduce 
     payment in future payment periods accordingly.
       ``(4) Deposit of amounts repaid.--Amounts received by the 
     Attorney General as repayments under this subsection shall be 
     deposited in a designated fund for future payments to States 
     and specially qualified units.
       ``(c) Administrative Costs.--A State or unit of local 
     government that receives funds under this part may use not 
     more than 5 percent of such funds to pay for administrative 
     costs.
       ``(d) Nonsupplanting Requirement.--Funds made available 
     under this part to States and units of local government shall 
     not be used to supplant State or local funds as the case may 
     be, but shall be used to increase the amount of funds that 
     would, in the absence of funds made available under this 
     part, be made available from State or local sources, as the 
     case may be.
       ``(e) Matching Funds.--
       ``(1) In general.--The Federal share of a grant received 
     under this part may not exceed 90 percent of the total 
     program costs.
       ``(2) Construction of facilities.--Notwithstanding 
     paragraph (1), with respect to the cost of constructing 
     juvenile detention or correctional facilities, the Federal 
     share of a grant received under this part may not exceed 50 
     percent of approved cost.

     ``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

       ``Funds or a portion of funds allocated under this part may 
     be used by a State or unit of local government that receives 
     a grant under this part to contract with private, nonprofit 
     entities, or community-based organizations to carry out the 
     purposes specified under section 1801(b).

     ``SEC. 1807. ADMINISTRATIVE PROVISIONS.

       ``(a) In General.--A State or specially qualified unit that 
     receives funds under this part shall--
       ``(1) establish a trust fund in which the government will 
     deposit all payments received under this part;
       ``(2) use amounts in the trust fund (including interest) 
     during the period specified in section 1805(b)(1) and any 
     extension of that period under section 1805(b)(2);
       ``(3) designate an official of the State or specially 
     qualified unit to submit reports as the Attorney General 
     reasonably requires, in addition to the annual reports 
     required under this part; and
       ``(4) spend the funds only for the purpose of strengthening 
     the juvenile justice system.
       ``(b) Title I Provisions.--Except as otherwise provided, 
     the administrative provisions of part H shall apply to this 
     part and for purposes of this section any reference in such 
     provisions to title I shall be deemed to include a reference 
     to this part.

     ``SEC. 1808. ASSESSMENT REPORTS.

       ``(a) Reports to Attorney General.--
       ``(1) In general.--Except as provided in paragraph (4), for 
     each fiscal year for which a grant

[[Page H6615]]

     or subgrant is awarded under this part, each State or 
     specially qualified unit of local government that receives 
     such a grant shall submit to the Attorney General a grant 
     report, and each unit of local government that receives such 
     a subgrant shall submit to the State a subgrant report, at 
     such time and in such manner as the Attorney General may 
     reasonably require.
       ``(2) Grant report.--Each grant report required by 
     paragraph (1) shall include--
       ``(A) a summary of the activities carried out with such 
     grant;
       ``(B) if such activities included any subgrant, a summary 
     of the activities carried out with each such subgrant; and
       ``(C) an assessment of the effectiveness of such activities 
     on achieving the purposes of this part.
       ``(3) Subgrant report.--Each subgrant report required by 
     paragraph (1) shall include--
       ``(A) a summary of the activities carried out with such 
     subgrant; and
       ``(B) an assessment of the effectiveness of such activities 
     on achieving the purposes of this part.
       ``(4) Waivers.--The Attorney General may waive the 
     requirement of an assessment in paragraph (2)(C) for a State 
     or specially qualified unit of local government, or in 
     paragraph (3)(B) for a unit of local government, if the 
     Attorney General determines that--
       ``(A) the nature of the activities are such that assessing 
     their effectiveness would not be practical or insightful;
       ``(B) the amount of the grant or subgrant is such that 
     carrying out the assessment would not be an effective use of 
     those amounts; or
       ``(C) the resources available to the State or unit are such 
     that carrying out the assessment would pose a financial 
     hardship on the State or unit.
       ``(b) Reports to Congress.--Not later than 90 days after 
     the last day of each fiscal year for which 1 or more grants 
     are awarded under this part, the Attorney General shall 
     submit to Congress a report, which shall include--
       ``(1) a summary of the information provided under 
     subsection (a);
       ``(2) an assessment by the Attorney General of the grant 
     program carried out under this part; and
       ``(3) such other information as the Attorney General 
     considers appropriate.

     ``SEC. 1809. DEFINITIONS.

       ``In this part:
       ``(1) Unit of local government.--The term `unit of local 
     government' means--
       ``(A) a county, township, city, or political subdivision of 
     a county, township, or city, that is a unit of local 
     government as determined by the Secretary of Commerce for 
     general statistical purposes;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority, in a manner independent of other 
     State entities, to establish a budget and raise revenues; and
       ``(C) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaskan Native village that 
     carries out substantial governmental duties and powers.
       ``(2) Specially qualified unit.--The term `specially 
     qualified unit' means a unit of local government which may 
     receive funds under this part only in accordance with section 
     1803(e).
       ``(3) State.--The term `State' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands, except that--
       ``(A) the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands (the `partial States') shall 
     collectively be considered as 1 State; and
       ``(B) for purposes of section 1803(a), the amount allocated 
     to a partial State shall bear the same proportion to the 
     amount collectively allocated to the partial States as the 
     population of the partial State bears to the collective 
     population of the partial States.
       ``(4) Juvenile.--The term `juvenile' means an individual 
     who is 17 years of age or younger.
       ``(5) Juvenile justice expenditures.--The term `juvenile 
     justice expenditures' means expenditures in connection with 
     the juvenile justice system, including expenditures in 
     connection with such system to carry out--
       ``(A) activities specified in section 1801(b); and
       ``(B) other activities associated with prosecutorial and 
     judicial services and corrections as reported to the Bureau 
     of the Census for the fiscal year preceding the fiscal year 
     for which a determination is made under this part.
       ``(6) Part 1 violent crimes.--The term `part 1 violent 
     crimes' means murder and nonnegligent manslaughter, forcible 
     rape, robbery, and aggravated assault as reported to the 
     Federal Bureau of Investigation for purposes of the Uniform 
     Crime Reports.

     ``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $350,000,000 for each of fiscal years 
     2002 through 2005.
       ``(b) Oversight Accountability and Administration.--
       ``(1) In general.--Of the amount authorized to be 
     appropriated under section 261 of title II of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5611 et seq.), there shall be available to the Attorney 
     General, for each of the fiscal years 2002 through 2004 (as 
     applicable), to remain available until expended--
       ``(A) not more than 2 percent of that amount, for research, 
     evaluation, and demonstration consistent with this part;
       ``(B) not more than 2 percent of that amount, for training 
     and technical assistance; and
       ``(C) not more than 1 percent, for administrative costs to 
     carry out the purposes of this part.
       ``(2) Oversight plan.--The Attorney General shall establish 
     and execute an oversight plan for monitoring the activities 
     of grant recipients.
       ``(c) Tribal Set-Aside.--Of the amounts appropriated under 
     subsection (a), 2 percent shall be made available for 
     programs that receive grants under section 1801A.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of enactment of this Act.
       (c) Transition of Juvenile Accountability Incentive Block 
     Grants Program.--For each grant made from amounts made 
     available for the Juvenile Accountability Incentive Block 
     Grants program (as described under the heading ``VIOLENT 
     CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT 
     ASSISTANCE'' in the Department of Justice Appropriations Act, 
     2000 (as enacted by Public Law 106-113; 113 Stat. 1537-
     14)), the grant award shall remain available to the grant 
     recipient for not more than 36 months after the date of 
     receipt of the grant.
  Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002

     SEC. 12201. SHORT TITLE.

       This subtitle may be cited as the ``Juvenile Justice and 
     Delinquency Prevention Act of 2002''.

     SEC. 12202. FINDINGS.

       Section 101 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as 
     follows:


                               ``findings

       ``Sec. 101. (a) The Congress finds the following:
       ``(1) Although the juvenile violent crime arrest rate in 
     1999 was the lowest in the decade, there remains a consensus 
     that the number of crimes and the rate of offending by 
     juveniles nationwide is still too high.
       ``(2) According to the Office of Juvenile Justice and 
     Delinquency Prevention, allowing 1 youth to leave school for 
     a life of crime and of drug abuse costs society $1,700,000 to 
     $2,300,000 annually.
       ``(3) One in every 6 individuals (16.2 percent) arrested 
     for committing violent crime in 1999 was less than 18 years 
     of age. In 1999, juveniles accounted for 9 percent of murder 
     arrests, 17 percent of forcible rape arrests, 25 percent of 
     robbery arrest, 14 percent of aggravated assault arrests, and 
     24 percent of weapons arrests.
       ``(4) More than \1/2\ of juvenile murder victims are killed 
     with firearms. Of the nearly 1,800 murder victims less than 
     18 years of age, 17 percent of the victims less than 13 years 
     of age were murdered with a firearm, and 81 percent of the 
     victims 13 years of age or older were killed with a firearm.
       ``(5) Juveniles accounted for 13 percent of all drug abuse 
     violation arrests in 1999. Between 1990 and 1999, juvenile 
     arrests for drug abuse violations rose 132 percent.
       ``(6) Over the last 3 decades, youth gang problems have 
     increased nationwide. In the 1970's, 19 States reported youth 
     gang problems. By the late 1990's, all 50 States and the 
     District of Columbia reported gang problems. For the same 
     period, the number of cities reporting youth gang problems 
     grew 843 percent, and the number of counties reporting gang 
     problems increased more than 1,000 percent.
       ``(7) According to a national crime survey of individuals 
     12 years of age or older during 1999, those 12 to 19 years 
     old are victims of violent crime at higher rates than 
     individuals in all other age groups. Only 30.8 percent of 
     these violent victimizations were reported by youth to police 
     in 1999.
       ``(8) One-fifth of juveniles 16 years of age who had been 
     arrested were first arrested before attaining 12 years of 
     age. Juveniles who are known to the juvenile justice system 
     before attaining 13 years of age are responsible for a 
     disproportionate share of serious crimes and violence.
       ``(9) The increase in the arrest rates for girls and young 
     juvenile offenders has changed the composition of violent 
     offenders entering the juvenile justice system.
       ``(10) These problems should be addressed through a 2-track 
     common sense approach that addresses the needs of individual 
     juveniles and society at large by promoting--
       ``(A) quality prevention programs that--
       ``(i) work with juveniles, their families, local public 
     agencies, and community-based organizations, and take into 
     consideration such factors as whether or not juveniles have 
     been the victims of family violence (including child abuse 
     and neglect); and
       ``(ii) are designed to reduce risks and develop 
     competencies in at-risk juveniles that will prevent, and 
     reduce the rate of, violent delinquent behavior; and
       ``(B) programs that assist in holding juveniles accountable 
     for their actions and in developing the competencies 
     necessary to become responsible and productive members of 
     their communities, including a system of graduated sanctions 
     to respond to each delinquent act, requiring juveniles to 
     make restitution, or perform community service, for the 
     damage caused by their delinquent acts, and methods for 
     increasing victim satisfaction with respect to the penalties 
     imposed on juveniles for their acts.
       ``(11) Coordinated juvenile justice and delinquency 
     prevention projects that meet the needs of juveniles through 
     the collaboration of the many local service systems juveniles 
     encounter can help prevent juveniles from becoming delinquent 
     and help delinquent youth return to a productive life.
       ``(b) Congress must act now to reform this program by 
     focusing on juvenile delinquency prevention programs, as well 
     as programs that hold juveniles accountable for their acts 
     and which provide opportunities for competency development. 
     Without true reform, the juvenile justice

[[Page H6616]]

     system will not be able to overcome the challenges it will 
     face in the coming years when the number of juveniles is 
     expected to increase by 18 percent between 2000 and 2030.''.

     SEC. 12203. PURPOSE.

       Section 102 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as 
     follows:


                               ``purposes

       ``Sec. 102. The purposes of this title and title II are--
       ``(1) to support State and local programs that prevent 
     juvenile involvement in delinquent behavior;
       ``(2) to assist State and local governments in promoting 
     public safety by encouraging accountability for acts of 
     juvenile delinquency; and
       ``(3) to assist State and local governments in addressing 
     juvenile crime through the provision of technical assistance, 
     research, training, evaluation, and the dissemination of 
     information on effective programs for combating juvenile 
     delinquency.''.

     SEC. 12204. DEFINITIONS.

       Section 103 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603) is amended--
       (1) in paragraph (3) by striking ``to help prevent juvenile 
     delinquency'' and inserting ``designed to reduce known risk 
     factors for juvenile delinquent behavior, provides activities 
     that build on protective factors for, and develop 
     competencies in, juveniles to prevent, and reduce the rate 
     of, delinquent juvenile behavior'',
       (2) in paragraph (4) by inserting ``title I of'' before 
     ``the Omnibus'' each place it appears,
       (3) in paragraph (7) by striking ``the Trust Territory of 
     the Pacific Islands,'',
       (4) in paragraph (12)(B) by striking ``, of any 
     nonoffender,'',
       (5) in paragraph (13)(B) by striking ``, any 
     nonoffender,'',
       (6) in paragraph (14) by inserting ``drug trafficking,'' 
     after ``assault,'',
       (7) in paragraph (16)--
       (A) in subparagraph (A) by adding ``and'' at the end, and
       (B) by striking subparagraph (C),
       (8) in paragraph (22)--
       (A) by redesignating subparagraphs (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively, and
       (B) by striking ``and'' at the end,
       (9) in paragraph (23) by striking the period at the end and 
     inserting a semicolon, and
       (10) by adding at the end the following:
       ``(24) the term `graduated sanctions' means an 
     accountability-based, graduated series of sanctions 
     (including incentives, treatment, and services) applicable to 
     juveniles within the juvenile justice system to hold such 
     juveniles accountable for their actions and to protect 
     communities from the effects of juvenile delinquency by 
     providing appropriate sanctions for every act for which a 
     juvenile is adjudicated delinquent, by inducing their law-
     abiding behavior, and by preventing their subsequent 
     involvement with the juvenile justice system;
       ``(25) the term `contact' means the degree of interaction 
     allowed between juvenile offenders in a secure custody status 
     and incarcerated adults under section 31.303(d)(1)(i) of 
     title 28, Code of Federal Regulations, as in effect on 
     December 10, 1996;
       ``(26) the term `adult inmate' means an individual who--
       ``(A) has reached the age of full criminal responsibility 
     under applicable State law; and
       ``(B) has been arrested and is in custody for or awaiting 
     trial on a criminal charge, or is convicted of a criminal 
     offense;
       ``(27) the term `violent crime' means--
       ``(A) murder or nonnegligent manslaughter, forcible rape, 
     or robbery, or
       ``(B) aggravated assault committed with the use of a 
     firearm;
       ``(28) the term `collocated facilities' means facilities 
     that are located in the same building, or are part of a 
     related complex of buildings located on the same grounds; and
       ``(29) the term `related complex of buildings' means 2 or 
     more buildings that share--
       ``(A) physical features, such as walls and fences, or 
     services beyond mechanical services (heating, air 
     conditioning, water and sewer); or
       ``(B) the specialized services that are allowable under 
     section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of 
     Federal Regulations, as in effect on December 10, 1996.''.

     SEC. 12205. CONCENTRATION OF FEDERAL EFFORT.

       Section 204 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5614) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3) by striking ``and of the prospective'' 
     and all that follows through ``administered'',
       (B) in paragraph (5) by striking ``parts C and D'' each 
     place it appears and inserting ``parts D and E'', and
       (C) by amending paragraph (7) to read as follows:
       ``(7) not later than 1 year after the date of the enactment 
     of this paragraph, issue model standards for providing mental 
     health care to incarcerated juveniles.'',
       (2) in subsection (c) by striking ``and reports'' and all 
     that follows through ``this part'', and inserting ``as may be 
     appropriate to prevent the duplication of efforts, and to 
     coordinate activities, related to the prevention of juvenile 
     delinquency'',
       (3) by amending subsection (d) to read as follows:
       ``(d) The Administrator shall have the sole authority to 
     delegate any of the functions of the Administrator under this 
     Act.'';
       (4) by striking subsection (i), and
       (5) by redesignating subsection (h) as subsection (f).

     SEC. 12206. COORDINATING COUNCIL ON JUVENILE JUSTICE AND 
                   DELINQUENCY PREVENTION.

       Section 206(c)(2)(B) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) 
     is amended by striking ``Education and Labor'' and inserting 
     ``Education and the Workforce''.

     SEC. 12207. ANNUAL REPORT.

       Section 207 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5617) is amended by 
     striking paragraphs (4) and (5), and inserting the following:
       ``(4) An evaluation of the programs funded under this title 
     and their effectiveness in reducing the incidence of juvenile 
     delinquency, particularly violent crime, committed by 
     juveniles.''.

     SEC. 12208. ALLOCATION.

       Section 222 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5632) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``(other than parts D and E)'',
       (II) by striking ``amount, up to $400,000,'' and inserting 
     ``amount up to $400,000'',
       (III) by striking ``1992'' the 1st place it appears and 
     inserting ``2000,'',
       (IV) by striking ``1992'' the last place it appears and 
     inserting ``2000'',
       (V) by striking ``the Trust Territory of the Pacific 
     Islands,'', and
       (VI) by striking ``amount, up to $100,000,'' and inserting 
     ``amount up to $100,000'',

       (ii) in subparagraph (B)--

       (I) by striking ``(other than part D)'',
       (II) by striking ``$400,000'' and inserting ``$600,000'',
       (III) by striking ``or such greater amount, up to 
     $600,000'' and all that follows through ``section 299(a) (1) 
     and (3)'',
       (IV) by striking ``the Trust Territory of the Pacific 
     Islands,'',
       (V) by striking ``amount, up to $100,000,'' and inserting 
     ``amount up to $100,000'', and
       (VI) by striking ``1992'' and inserting ``2000,'',

       (B) in paragraph (3)--
       (i) by striking ``allot'' and inserting ``allocate'', and
       (ii) by striking ``1992'' each place it appears and 
     inserting ``2000'', and
       (2) in subsection (b) by striking ``the Trust Territory of 
     the Pacific Islands,''.

     SEC. 12209. STATE PLANS.

       Section 223 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5633) is amended--
       (1) in subsection (a)--
       (A) in the 2d sentence by striking ``and challenge'' and 
     all that follows through ``part E'', and inserting ``, 
     projects, and activities'',
       (B) in paragraph (3)--
       (i) by striking ``, which--'' and inserting ``that--'',
       (ii) in subparagraph (A)(i) by striking ``or the 
     administration of juvenile justice'' and inserting ``, the 
     administration of juvenile justice, or the reduction of 
     juvenile delinquency'', and
       (iii) in subparagraph (D)--

       (I) in clause (i) by inserting ``and'' at the end, and
       (II) in clause (ii) by striking ``paragraphs'' and all that 
     follows through ``part E'', and inserting ``paragraphs (11), 
     (12), and (13)'',

       (C) in paragraph (5)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``, other than'' and inserting ``reduced by the percentage 
     (if any) specified by the State under the authority of 
     paragraph (25) and excluding'', and
       (ii) in subparagraph (C) by striking ``paragraphs (12)(A), 
     (13), and (14)'' and inserting ``paragraphs (11), (12), and 
     (13)'',
       (D) by striking paragraph (6),
       (E) in paragraph (7) by inserting ``, including in rural 
     areas'' before the semicolon at the end,
       (F) in paragraph (8)--
       (i) in subparagraph (A)--

       (I) by striking ``for (i)'' and all that follows through 
     ``relevant jurisdiction'', and inserting ``for an analysis of 
     juvenile delinquency problems in, and the juvenile 
     delinquency control and delinquency prevention needs 
     (including educational needs) of, the State'', and
       (II) by striking ``of the jurisdiction; (ii)'' and all that 
     follows through the semicolon at the end, and inserting ``of 
     the State; and'',

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) contain--
       ``(i) a plan for providing needed gender-specific services 
     for the prevention and treatment of juvenile delinquency;
       ``(ii) a plan for providing needed services for the 
     prevention and treatment of juvenile delinquency in rural 
     areas; and
       ``(iii) a plan for providing needed mental health services 
     to juveniles in the juvenile justice system, including 
     information on how such plan is being implemented and how 
     such services will be targeted to those juveniles in such 
     system who are in greatest need of such services;'', and
       (iii) by striking subparagraphs (C) and (D),
       (G) by amending paragraph (9) to read as follows:
       ``(9) provide for the coordination and maximum utilization 
     of existing juvenile delinquency programs, programs operated 
     by public and private agencies and organizations, and other 
     related programs (such as education, special education, 
     recreation, health, and welfare programs) in the State;'',
       (H) in paragraph (10)--
       (i) in subparagraph (A)--

       (I) by striking ``, specifically'' and inserting 
     ``including'',
       (II) by striking clause (i), and

[[Page H6617]]

       (III) redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively,

       (ii) by amending subparagraph (D) to read as follows:
       ``(D) programs that provide treatment to juvenile offenders 
     who are victims of child abuse or neglect, and to their 
     families, in order to reduce the likelihood that such 
     juvenile offenders will commit subsequent violations of 
     law;'',
       (iii) in subparagraph (E)--

       (I) by redesignating clause (ii) as clause (iii), and

       (II) by striking ``juveniles, provided'' and all that 
     follows through ``provides; and'', and inserting the 
     following:

     ``juveniles--
       ``(i) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations;
       ``(ii) to provide services to assist juveniles in making 
     the transition to the world of work and self-sufficiency; 
     and'',
       (iv) by amending subparagraph (F) to read as follows:
       ``(F) expanding the use of probation officers--
       ``(i) particularly for the purpose of permitting nonviolent 
     juvenile offenders (including status offenders) to remain at 
     home with their families as an alternative to incarceration 
     or institutionalization; and
       ``(ii) to ensure that juveniles follow the terms of their 
     probation;'',
       (v) by amending subparagraph (G) to read as follows:
       ``(G) counseling, training, and mentoring programs, which 
     may be in support of academic tutoring, vocational and 
     technical training, and drug and violence prevention 
     counseling, that are designed to link at-risk juveniles, 
     juvenile offenders, or juveniles who have a parent or legal 
     guardian who is or was incarcerated in a Federal, State, or 
     local correctional facility or who is otherwise under the 
     jurisdiction of a Federal, State, or local criminal justice 
     system, particularly juveniles residing in low-income and 
     high-crime areas and juveniles experiencing educational 
     failure, with responsible individuals (such as law 
     enforcement officials, Department of Defense personnel, 
     individuals working with local businesses, and individuals 
     working with community-based and faith-based organizations 
     and agencies) who are properly screened and trained;'',
       (vii) in subparagraph (H) by striking ``handicapped youth'' 
     and inserting ``juveniles with disabilities'',
       (viii) by striking subparagraph (K),
       (ix) in subparagraph (L)--

       (I) in clause (iv) by adding ``and'' at the end,
       (II) in clause (v) by striking ``and'' at the end, and
       (III) by striking clause (vi),

       (x) in subparagraph (M) by striking ``boot camps'',
       (xi) by amending subparagraph (N) to read as follows:
       ``(N) community-based programs and services to work with 
     juveniles, their parents, and other family members during and 
     after incarceration in order to strengthen families so that 
     such juveniles may be retained in their homes;'',
       (xii) in subparagraph (O)--

       (I) in striking ``cultural'' and inserting ``other'', and
       (II) by striking the period at the end and inserting a 
     semicolon,

       (xiii) by redesignating subparagraphs (L), (M), (N), and 
     (O) as subparagraphs (K), (L), (M), and (N), respectively; 
     and
       (xiv) by adding at the end the following:
       ``(O) programs designed to prevent and to reduce hate 
     crimes committed by juveniles;
       ``(P) after-school programs that provide at-risk juveniles 
     and juveniles in the juvenile justice system with a range of 
     age-appropriate activities, including tutoring, mentoring, 
     and other educational and enrichment activities;
       ``(Q) community-based programs that provide follow-up post-
     placement services to adjudicated juveniles, to promote 
     successful reintegration into the community;
       ``(R) projects designed to develop and implement programs 
     to protect the rights of juveniles affected by the juvenile 
     justice system; and
       ``(S) programs designed to provide mental health services 
     for incarcerated juveniles suspected to be in need of such 
     services, including assessment, development of individualized 
     treatment plans, and discharge plans.'',
       (I) by amending paragraph (12) to read as follows:
       ``(12) shall, in accordance with rules issued by the 
     Administrator, provide that--
       ``(A) juveniles who are charged with or who have committed 
     an offense that would not be criminal if committed by an 
     adult, excluding--
       ``(i) juveniles who are charged with or who have committed 
     a violation of section 922(x)(2) of title 18, United States 
     Code, or of a similar State law;
       ``(ii) juveniles who are charged with or who have committed 
     a violation of a valid court order; and
       ``(iii) juveniles who are held in accordance with the 
     Interstate Compact on Juveniles as enacted by the State;

     shall not be placed in secure detention facilities or secure 
     correctional facilities; and
       ``(B) juveniles--
       ``(i) who are not charged with any offense; and
       ``(ii) who are--

       ``(I) aliens; or
       ``(II) alleged to be dependent, neglected, or abused;

     shall not be placed in secure detention facilities or secure 
     correctional facilities;'',
       (J) by amending paragraph (13) to read as follows:
       ``(13) provide that--
       ``(A) juveniles alleged to be or found to be delinquent or 
     juveniles within the purview of paragraph (11) will not 
     be detained or confined in any institution in which they 
     have contact with adult inmates; and
       ``(B) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adult inmates, including in collocated facilities, have 
     been trained and certified to work with juveniles;'',
       (K) by amending paragraph (14) to read as follows:
       ``(14) provide that no juvenile will be detained or 
     confined in any jail or lockup for adults except--
       ``(A) juveniles who are accused of nonstatus offenses and 
     who are detained in such jail or lockup for a period not to 
     exceed 6 hours--
       ``(i) for processing or release;
       ``(ii) while awaiting transfer to a juvenile facility; or
       ``(iii) in which period such juveniles make a court 
     appearance;
     and only if such juveniles do not have contact with adult 
     inmates and only if there is in effect in the State a policy 
     that requires individuals who work with both such juveniles 
     and adult inmates in collocated facilities have been trained 
     and certified to work with juveniles;
       ``(B) juveniles who are accused of nonstatus offenses, who 
     are awaiting an initial court appearance that will occur 
     within 48 hours after being taken into custody (excluding 
     Saturdays, Sundays, and legal holidays), and who are detained 
     in a jail or lockup--
       ``(i) in which--

       ``(I) such juveniles do not have contact with adult 
     inmates; and
       ``(II) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     adults inmates in collocated facilities have been trained and 
     certified to work with juveniles; and

       ``(ii) that--

       ``(I) is located outside a metropolitan statistical area 
     (as defined by the Office of Management and Budget) and has 
     no existing acceptable alternative placement available;
       ``(II) is located where conditions of distance to be 
     traveled or the lack of highway, road, or transportation do 
     not allow for court appearances within 48 hours (excluding 
     Saturdays, Sundays, and legal holidays) so that a brief (not 
     to exceed an additional 48 hours) delay is excusable; or
       ``(III) is located where conditions of safety exist (such 
     as severe adverse, life-threatening weather conditions that 
     do not allow for reasonably safe travel), in which case the 
     time for an appearance may be delayed until 24 hours after 
     the time that such conditions allow for reasonable safe 
     travel;'';

       (L) in paragraph (15)--
       (i) by striking ``paragraph (12)(A), paragraph (13), and 
     paragraph (14)'' and inserting ``paragraphs (11), (12), and 
     (13)'', and
       (ii) by striking ``paragraph (12)(A) and paragraph (13)'' 
     and inserting ``paragraphs (11) and (12)'',
       (M) in paragraph (16) by striking ``mentally, emotionally, 
     or physically handicapping conditions'' and inserting 
     ``disability'',
       (N) by amending paragraph (19) to read as follows:
       ``(19) provide assurances that--
       ``(A) any assistance provided under this Act will not cause 
     the displacement (including a partial displacement, such as a 
     reduction in the hours of nonovertime work, wages, or 
     employment benefits) of any currently employed employee;
       ``(B) activities assisted under this Act will not impair an 
     existing collective bargaining relationship, contract for 
     services, or collective bargaining agreement; and
       ``(C) no such activity that would be inconsistent with the 
     terms of a collective bargaining agreement shall be 
     undertaken without the written concurrence of the labor 
     organization involved;'',
       (O) by amending paragraph (22) to read as follows:
       ``(22) provide that the State agency designated under 
     paragraph (1) will--
       ``(A) to the extent practicable give priority in funding to 
     programs and activities that are based on rigorous, 
     systematic, and objective research that is scientifically 
     based;
       ``(B) from time to time, but not less than annually, review 
     its plan and submit to the Administrator an analysis and 
     evaluation of the effectiveness of the programs and 
     activities carried out under the plan, and any modifications 
     in the plan, including the survey of State and local needs, 
     that it considers necessary; and
       ``(C) not expend funds to carry out a program if the 
     recipient of funds who carried out such program during the 
     preceding 2-year period fails to demonstrate, before the 
     expiration of such 2-year period, that such program achieved 
     substantial success in achieving the goals specified in the 
     application submitted by such recipient to the State 
     agency;'',
       (P) by amending paragraph (23) to read as follows:
       ``(23) address juvenile delinquency prevention efforts and 
     system improvement efforts designed to reduce, without 
     establishing or requiring numerical standards or quotas, the 
     disproportionate number of juvenile members of minority 
     groups, who come into contact with the juvenile justice 
     system;'',
       (Q) by amending paragraph (24) to read as follows:
       ``(24) provide that if a juvenile is taken into custody for 
     violating a valid court order issued for committing a status 
     offense--
       ``(A) an appropriate public agency shall be promptly 
     notified that such juvenile is held in custody for violating 
     such order;
       ``(B) not later than 24 hours during which such juvenile is 
     so held, an authorized representative of such agency shall 
     interview, in person, such juvenile; and

[[Page H6618]]

       ``(C) not later than 48 hours during which such juvenile is 
     so held--
       ``(i) such representative shall submit an assessment to the 
     court that issued such order, regarding the immediate needs 
     of such juvenile; and
       ``(ii) such court shall conduct a hearing to determine--

       ``(I) whether there is reasonable cause to believe that 
     such juvenile violated such order; and
       ``(II) the appropriate placement of such juvenile pending 
     disposition of the violation alleged;'',

       (R) in paragraph (25)--
       (i) by striking ``1992'' and inserting ``2000'', and
       (ii) by striking the period at the end and inserting a 
     semicolon,
       (S) by redesignating paragraphs (7) through (25) as 
     paragraphs (6) through (24), respectively, and
       (T) by adding at the end the following:
       ``(25) specify a percentage (if any), not to exceed 5 
     percent, of funds received by the State under section 222 
     (other than funds made available to the State advisory group 
     under section 222(d)) that the State will reserve for 
     expenditure by the State to provide incentive grants to units 
     of general local government that reduce the caseload of 
     probation officers within such units;
       ``(26) provide that the State, to the maximum extent 
     practicable, will implement a system to ensure that if a 
     juvenile is before a court in the juvenile justice system, 
     public child welfare records (including child protective 
     services records) relating to such juvenile that are on file 
     in the geographical area under the jurisdiction of such court 
     will be made known to such court;
       ``(27) establish policies and systems to incorporate 
     relevant child protective services records into juvenile 
     justice records for purposes of establishing and implementing 
     treatment plans for juvenile offenders; and
       ``(28) provide assurances that juvenile offenders whose 
     placement is funded through section 472 of the Social 
     Security Act (42 U.S.C. 672) receive the protections 
     specified in section 471 of such Act (42 U.S.C. 671), 
     including a case plan and case plan review as defined in 
     section 475 of such Act (42 U.S.C. 675).'',
       (2) by amending subsection (c) to read as follows:
       ``(c) If a State fails to comply with any of the applicable 
     requirements of paragraphs (11), (12), (13), and (22) of 
     subsection (a) in any fiscal year beginning after September 
     30, 2001, then--
       ``(1) subject to paragraph (2), the amount allocated to 
     such State under section 222 for the subsequent fiscal year 
     shall be reduced by not less than 20 percent for each such 
     paragraph with respect to which the failure occurs, and
       ``(2) the State shall be ineligible to receive any 
     allocation under such section for such fiscal year unless--
       ``(A) the State agrees to expend 50 percent of the amount 
     allocated to the State for such fiscal year to achieve 
     compliance with any such paragraph with respect to which the 
     State is in noncompliance; or
       ``(B) the Administrator determines that the State--
       ``(i) has achieved substantial compliance with such 
     applicable requirements with respect to which the State was 
     not in compliance; and
       ``(ii) has made, through appropriate executive or 
     legislative action, an unequivocal commitment to achieving 
     full compliance with such applicable requirements within a 
     reasonable time.'',
       (3) in subsection (d)--
       (A) by striking ``allotment'' and inserting ``allocation'', 
     and
       (B) by striking ``subsection (a) (12)(A), (13), (14) and 
     (23)'' each place it appears and inserting ``paragraphs (11), 
     (12), (13), and (22) of subsection (a)'', and
       (4) by adding at the end the following:
       ``(e) Notwithstanding any other provision of law, the 
     Administrator shall establish appropriate administrative and 
     supervisory board membership requirements for a State agency 
     designated under subsection (a)(1) and permit the State 
     advisory group appointed under subsection (a)(3) to operate 
     as the supervisory board for such agency, at the discretion 
     of the chief executive officer of the State.
       ``(f) Technical Assistance.--
       ``(1) In general.--The Administrator shall provide 
     technical and financial assistance to an eligible 
     organization composed of member representatives of the State 
     advisory groups appointed under subsection (a)(3) to assist 
     such organization to carry out the functions specified in 
     paragraph (2).
       ``(2) Assistance.--To be eligible to receive such 
     assistance, such organization shall agree to carry out 
     activities that include--
       ``(A) conducting an annual conference of such member 
     representatives for purposes relating to the activities of 
     such State advisory groups;
       ``(B) disseminating information, data, standards, advanced 
     techniques, and program models;
       ``(C) reviewing Federal policies regarding juvenile justice 
     and delinquency prevention;
       ``(D) advising the Administrator with respect to particular 
     functions or aspects of the work of the Office; and
       ``(E) advising the President and Congress with regard to 
     State perspectives on the operation of the Office and Federal 
     legislation pertaining to juvenile justice and delinquency 
     prevention.''.

     SEC. 12210. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT 
                   PROGRAM.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
       (1) by striking parts C, D, E, F, G, and H,
       (2) by striking the 1st part I,
       (3) by redesignating the 2d part I as part F, and
       (4) by inserting after part B the following:

     ``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

     ``SEC. 241. AUTHORITY TO MAKE GRANTS.

       ``(a) Grants to Eligible States.--The Administrator may 
     make grants to eligible States, from funds allocated under 
     section 242, for the purpose of providing financial 
     assistance to eligible entities to carry out projects 
     designed to prevent juvenile delinquency, including--
       ``(1) projects that provide treatment (including treatment 
     for mental health problems) to juvenile offenders, and 
     juveniles who are at risk of becoming juvenile offenders, who 
     are victims of child abuse or neglect or who have experienced 
     violence in their homes, at school, or in the community, and 
     to their families, in order to reduce the likelihood that 
     such juveniles will commit violations of law;
       ``(2) educational projects or supportive services for 
     delinquent or other juveniles--
       ``(A) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations in 
     educational settings;
       ``(B) to provide services to assist juveniles in making the 
     transition to the world of work and self-sufficiency;
       ``(C) to assist in identifying learning difficulties 
     (including learning disabilities);
       ``(D) to prevent unwarranted and arbitrary suspensions and 
     expulsions;
       ``(E) to encourage new approaches and techniques with 
     respect to the prevention of school violence and vandalism;
       ``(F) which assist law enforcement personnel and juvenile 
     justice personnel to more effectively recognize and provide 
     for learning-disabled and other juveniles with disabilities;
       ``(G) which develop locally coordinated policies and 
     programs among education, juvenile justice, and social 
     service agencies; or
       ``(H) to provide services to juveniles with serious mental 
     and emotional disturbances (SED) in need of mental health 
     services;
       ``(3) projects which expand the use of probation officers--
       ``(A) particularly for the purpose of permitting nonviolent 
     juvenile offenders (including status offenders) to remain at 
     home with their families as an alternative to incarceration 
     or institutionalization; and
       ``(B) to ensure that juveniles follow the terms of their 
     probation;
       ``(4) counseling, training, and mentoring programs, which 
     may be in support of academic tutoring, vocational and 
     technical training, and drug and violence prevention 
     counseling, that are designed to link at-risk juveniles, 
     juvenile offenders, or juveniles who have a parent or legal 
     guardian who is or was incarcerated in a Federal, State, or 
     local correctional facility or who is otherwise under the 
     jurisdiction of a Federal, State, or local criminal justice 
     system, particularly juveniles residing in low-income and 
     high-crime areas and juveniles experiencing educational 
     failure, with responsible individuals (such as law 
     enforcement officers, Department of Defense personnel, 
     individuals working with local businesses, and individuals 
     working with community-based and faith-based organizations 
     and agencies) who are properly screened and trained;
       ``(5) community-based projects and services (including 
     literacy and social service programs) which work with 
     juvenile offenders and juveniles who are at risk of becoming 
     juvenile offenders, including those from families with 
     limited English-speaking proficiency, their parents, their 
     siblings, and other family members during and after 
     incarceration of the juvenile offenders, in order to 
     strengthen families, to allow juvenile offenders to be 
     retained in their homes, and to prevent the involvement of 
     other juvenile family members in delinquent activities;
       ``(6) projects designed to provide for the treatment 
     (including mental health services) of juveniles for 
     dependence on or abuse of alcohol, drugs, or other harmful 
     substances;
       ``(7) projects which leverage funds to provide scholarships 
     for postsecondary education and training for low-income 
     juveniles who reside in neighborhoods with high rates of 
     poverty, violence, and drug-related crimes;
       ``(8) projects which provide for an initial intake 
     screening of each juvenile taken into custody--
       ``(A) to determine the likelihood that such juvenile will 
     commit a subsequent offense; and
       ``(B) to provide appropriate interventions (including 
     mental health services) to prevent such juvenile from 
     committing subsequent offenses;
       ``(9) projects (including school- or community-based 
     projects) that are designed to prevent, and reduce the rate 
     of, the participation of juveniles in gangs that commit 
     crimes (particularly violent crimes), that unlawfully use 
     firearms and other weapons, or that unlawfully traffic in 
     drugs and that involve, to the extent practicable, families 
     and other community members (including law enforcement 
     personnel and members of the business community) in the 
     activities conducted under such projects;
       ``(10) comprehensive juvenile justice and delinquency 
     prevention projects that meet the needs of juveniles through 
     the collaboration of the many local service systems juveniles 
     encounter, including schools, courts, law enforcement 
     agencies, child protection agencies, mental health agencies, 
     welfare services, health care agencies (including 
     collaboration on appropriate prenatal care for pregnant 
     juvenile offenders), private nonprofit agencies, and public 
     recreation agencies offering services to juveniles;
       ``(11) to develop, implement, and support, in conjunction 
     with public and private agencies, organizations, and 
     businesses, projects for the employment of juveniles and 
     referral to job training programs (including referral to 
     Federal job training programs);
       ``(12) delinquency prevention activities which involve 
     youth clubs, sports, recreation and parks, peer counseling 
     and teaching, the arts,

[[Page H6619]]

     leadership development, community service, volunteer service, 
     before- and after-school programs, violence prevention 
     activities, mediation skills training, camping, environmental 
     education, ethnic or cultural enrichment, tutoring, and 
     academic enrichment;
       ``(13) to establish policies and systems to incorporate 
     relevant child protective services records into juvenile 
     justice records for purposes of establishing treatment plans 
     for juvenile offenders;
       ``(14) programs that encourage social competencies, 
     problem-solving skills, and communication skills, youth 
     leadership, and civic involvement;
       ``(15) programs that focus on the needs of young girls at-
     risk of delinquency or status offenses;
       ``(16) projects which provide for--
       ``(A) an assessment by a qualified mental health 
     professional of incarcerated juveniles who are suspected to 
     be in need of mental health services;
       ``(B) the development of an individualized treatment plan 
     for those incarcerated juveniles determined to be in need of 
     such services;
       ``(C) the inclusion of a discharge plan for incarcerated 
     juveniles receiving mental health services that addresses 
     aftercare services; and
       ``(D) all juveniles receiving psychotropic medications to 
     be under the care of a licensed mental health professional;
       ``(17) after-school programs that provide at-risk juveniles 
     and juveniles in the juvenile justice system with a range of 
     age-appropriate activities, including tutoring, mentoring, 
     and other educational and enrichment activities;
       ``(18) programs related to the establishment and 
     maintenance of a school violence hotline, based on a public-
     private partnership, that students and parents can use to 
     report suspicious, violent, or threatening behavior to local 
     school and law enforcement authorities;
       ``(19) programs (excluding programs to purchase guns from 
     juveniles) designed to reduce the unlawful acquisition and 
     illegal use of guns by juveniles, including partnerships 
     between law enforcement agencies, health professionals, 
     school officials, firearms manufacturers, consumer groups, 
     faith-based groups and community organizations;
       ``(20) programs designed to prevent animal cruelty by 
     juveniles and to counsel juveniles who commit animal cruelty 
     offenses, including partnerships among law enforcement 
     agencies, animal control officers, social services agencies, 
     and school officials;
       ``(21) programs that provide suicide prevention services 
     for incarcerated juveniles and for juveniles leaving the 
     incarceration system;
       ``(22) programs to establish partnerships between State 
     educational agencies and local educational agencies for the 
     design and implementation of character education and training 
     programs that reflect the values of parents, teachers, and 
     local communities, and incorporate elements of good 
     character, including honesty, citizenship, courage, justice, 
     respect, personal responsibility, and trustworthiness;
       ``(23) programs that foster strong character development in 
     at-risk juveniles and juveniles in the juvenile justice 
     system;
       ``(24) local programs that provide for immediate 
     psychological evaluation and follow-up treatment (including 
     evaluation and treatment during a mandatory holding period 
     for not less than 24 hours) for juveniles who bring a gun on 
     school grounds without permission from appropriate school 
     authorities; and
       ``(25) other activities that are likely to prevent juvenile 
     delinquency.
       ``(b) Grants to Eligible Indian Tribes.--The Administrator 
     may make grants to eligible Indian tribes from funds 
     allocated under section 242(b), to carry out projects of the 
     kinds described in subsection (a).

     ``SEC. 242. ALLOCATION.

       ``(a) Allocation Among Eligible States.--Subject to 
     subsection (b), funds appropriated to carry out this part 
     shall be allocated among eligible States proportionately 
     based on the population that is less than 18 years of age in 
     the eligible States.
       ``(b) Allocation Among Indian Tribes Collectively.--Before 
     allocating funds under subsection (a) among eligible States, 
     the Administrator shall allocate among eligible Indian tribes 
     as determined under section 246(a), an aggregate amount equal 
     to the amount such tribes would be allocated under subsection 
     (a), and without regard to this subsection, if such tribes 
     were treated collectively as an eligible State.

     ``SEC. 243. ELIGIBILITY OF STATES.

       ``(a) Application.--To be eligible to receive a grant under 
     section 241, a State shall submit to the Administrator an 
     application that contains the following:
       ``(1) An assurance that the State will use--
       ``(A) not more than 5 percent of such grant, in the 
     aggregate, for--
       ``(i) the costs incurred by the State to carry out this 
     part; and
       ``(ii) to evaluate, and provide technical assistance 
     relating to, projects and activities carried out with funds 
     provided under this part; and
       ``(B) the remainder of such grant to make grants under 
     section 244.
       ``(2) An assurance that, and a detailed description of how, 
     such grant will supplement, and not supplant State and local 
     efforts to prevent juvenile delinquency.
       ``(3) An assurance that such application was prepared after 
     consultation with and participation by the State advisory 
     group, community-based organizations, and organizations 
     in the local juvenile justice system, that carry out 
     programs, projects, or activities to prevent juvenile 
     delinquency.
       ``(4) An assurance that the State advisory group will be 
     afforded the opportunity to review and comment on all grant 
     applications submitted to the State agency.
       ``(5) An assurance that each eligible entity described in 
     section 244 that receives an initial grant under section 244 
     to carry out a project or activity shall also receive an 
     assurance from the State that such entity will receive from 
     the State, for the subsequent fiscal year to carry out such 
     project or activity, a grant under such section in an amount 
     that is proportional, based on such initial grant and on the 
     amount of the grant received under section 241 by the State 
     for such subsequent fiscal year, but that does not exceed the 
     amount specified for such subsequent fiscal year in such 
     application as approved by the State.
       ``(6) Such other information and assurances as the 
     Administrator may reasonably require by rule.
       ``(b) Approval of Applications.--
       ``(1) Approval required.--Subject to paragraph (2), the 
     Administrator shall approve an application, and amendments to 
     such application submitted in subsequent fiscal years, that 
     satisfy the requirements of subsection (a).
       ``(2) Limitation.--The Administrator may not approve such 
     application (including amendments to such application) for a 
     fiscal year unless--
       ``(A)(i) the State submitted a plan under section 223 for 
     such fiscal year; and
       ``(ii) such plan is approved by the Administrator for such 
     fiscal year; or
       ``(B) the Administrator waives the application of 
     subparagraph (A) to such State for such fiscal year, after 
     finding good cause for such a waiver.

     ``SEC. 244. GRANTS FOR LOCAL PROJECTS.

       ``(a) Grants by States.--Using a grant received under 
     section 241, a State may make grants to eligible entities 
     whose applications are received by the State, and reviewed by 
     the State advisory group, to carry out projects and 
     activities described in section 241.
       ``(b) Special Consideration.--For purposes of making grants 
     under subsection (a), the State shall give special 
     consideration to eligible entities that--
       ``(1) propose to carry out such projects in geographical 
     areas in which there is--
       ``(A) a disproportionately high level of serious crime 
     committed by juveniles; or
       ``(B) a recent rapid increase in the number of nonstatus 
     offenses committed by juveniles;
       ``(2)(A) agreed to carry out such projects or activities 
     that are multidisciplinary and involve more than 2 private 
     nonprofit agencies, organizations, and institutions that have 
     experience dealing with juveniles; or
       ``(B) represent communities that have a comprehensive plan 
     designed to identify at-risk juveniles and to prevent or 
     reduce the rate of juvenile delinquency, and that involve 
     other entities operated by individuals who have a 
     demonstrated history of involvement in activities designed to 
     prevent juvenile delinquency; and
       ``(3) the amount of resources (in cash or in kind) such 
     entities will provide to carry out such projects and 
     activities.

     ``SEC. 245. ELIGIBILITY OF ENTITIES.

       ``(a) Eligibility.--Except as provided in subsection (b), 
     to be eligible to receive a grant under section 244, a unit 
     of general purpose local government, acting jointly with not 
     fewer than 2 private nonprofit agencies, organizations, and 
     institutions that have experience dealing with juveniles, 
     shall submit to the State an application that contains the 
     following:
       ``(1) An assurance that such applicant will use such grant, 
     and each such grant received for the subsequent fiscal year, 
     to carry out throughout a 2-year period a project or activity 
     described in reasonable detail, and of a kind described in 
     one or more of paragraphs (1) through (25) of section 241(a) 
     as specified in, such application.
       ``(2) A statement of the particular goals such project or 
     activity is designed to achieve, and the methods such entity 
     will use to achieve, and assess the achievement of, each of 
     such goals.
       ``(3) A statement identifying the research (if any) such 
     entity relied on in preparing such application.
       ``(b) Limitation.--If an eligible entity that receives a 
     grant under section 244 to carry out a project or activity 
     for a 2-year period, and receives technical assistance from 
     the State or the Administrator after requesting such 
     technical assistance (if any), fails to demonstrate, before 
     the expiration of such 2-year period, that such project or 
     such activity has achieved substantial success in achieving 
     the goals specified in the application submitted by such 
     entity to receive such grants, then such entity shall not be 
     eligible to receive any subsequent grant under such section 
     to continue to carry out such project or activity.

     ``SEC. 246. GRANTS TO INDIAN TRIBES.

       ``(a) Eligibility.--
       ``(1) Application.--To be eligible to receive a grant under 
     section 241(b), an Indian tribe shall submit to the 
     Administrator an application in accordance with this section, 
     in such form and containing such information as the 
     Administrator may require by rule.
       ``(2) Plans.--Such application shall include a plan for 
     conducting programs, projects, and activities described in 
     section 241(a), which plan shall--
       ``(A) provide evidence that the applicant Indian tribe 
     performs law enforcement functions (as determined by the 
     Secretary of the Interior);
       ``(B) identify the juvenile justice and delinquency 
     problems and juvenile delinquency prevention needs to be 
     addressed by activities conducted with funds provided by the 
     grant for which such application is submitted, by the Indian 
     tribe in the geographical area under the jurisdiction of the 
     Indian tribe;
       ``(C) provide for fiscal control and accounting procedures 
     that--
       ``(i) are necessary to ensure the prudent use, proper 
     disbursement, and accounting of grants received by applicants 
     under this section; and

[[Page H6620]]

       ``(ii) are consistent with the requirement specified in 
     subparagraph (B); and
       ``(D) comply with the requirements specified in section 
     223(a) (excluding any requirement relating to consultation 
     with a State advisory group) and with the requirements 
     specified in section 222(c); and
       ``(E) contain such other information, and be subject to 
     such additional requirements, as the Administrator may 
     reasonably require by rule to ensure the effectiveness of the 
     projects for which grants are made under section 241(b).
       ``(b) Factors for Consideration.--For the purpose of 
     selecting eligible applicants to receive grants under section 
     241(b), the Administrator shall consider--
       ``(1) the resources that are available to each applicant 
     Indian tribe that will assist, and be coordinated with, the 
     overall juvenile justice system of the Indian tribe; and
       ``(2) with respect to each such applicant--
       ``(A) the juvenile population; and
       ``(B) the population and the entities that will be served 
     by projects proposed to be carried out with the grant for 
     which the application is submitted.
       ``(c) Grant Process.--
       ``(1) Selection of grant recipients.--
       ``(A) Selection Requirements.--Except as provided in 
     paragraph (2), the Administrator shall--
       ``(i) make grants under this section on a competitive 
     basis; and
       ``(ii) specify in writing to each applicant selected to 
     receive a grant under this section, the terms and conditions 
     on which such grant is made to such applicant.
       ``(B) Period of grant.--A grant made under this section 
     shall be available for expenditure during a 2-year period.
       ``(2) Exception.--If--
       ``(A) in the 2-year period for which a grant made under 
     this section shall be expended, the recipient of such grant 
     applies to receive a subsequent grant under this section; and
       ``(B) the Administrator determines that such recipient 
     performed during the year preceding the 2-year period for 
     which such recipient applies to receive such subsequent grant 
     satisfactorily and in accordance with the terms and 
     conditions applicable to the grant received;
     then the Administrator may waive the application of the 
     competition-based requirement specified in paragraph 
     (1)(A)(i) and may allow the applicant to incorporate by 
     reference in the current application the text of the plan 
     contained in the recipient's most recent application 
     previously approved under this section.
       ``(3) Authority to modify application process for 
     subsequent grants.--The Administrator may modify by rule the 
     operation of subsection (a) with respect to the submission 
     and contents of applications for subsequent grants described 
     in paragraph (2).
       ``(d) Reporting Requirement.--Each Indian tribe that 
     receives a grant under this section shall be subject to the 
     fiscal accountability provisions of section 5(f)(1) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450c(f)(1)), relating to the submission of a single-
     agency audit report required by chapter 75 of title 31, 
     United States Code.
       ``(e) Matching Requirement.--(1) Funds appropriated for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of any program or project with a matching 
     requirement funded under this section.
       ``(2) Paragraph (1) shall not apply with respect to funds 
     appropriated before the date of the enactment of the Juvenile 
     Justice and Delinquency Prevention Act of 2002.
       ``(3) If the Administrator determines that an Indian tribe 
     does not have sufficient funds available to meet the non-
     Federal share of the cost of any program or activity to be 
     funded under the grant, the Administrator may increase the 
     Federal share of the cost thereof to the extent the 
     Administrator deems necessary.''.

     SEC. 12211. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; 
                   TRAINING.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part C, as added by section 12510, the following:

     ``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

     ``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; 
                   INFORMATION DISSEMINATION.

       ``(a) Research and Evaluation.--(1) The Administrator may--
       ``(A) plan and identify the purposes and goals of all 
     agreements carried out with funds provided under this 
     subsection; and
       ``(B) conduct research or evaluation in juvenile justice 
     matters, for the purpose of providing research and evaluation 
     relating to--
       ``(i) the prevention, reduction, and control of juvenile 
     delinquency and serious crime committed by juveniles;
       ``(ii) the link between juvenile delinquency and the 
     incarceration of members of the families of juveniles;
       ``(iii) successful efforts to prevent first-time minor 
     offenders from committing subsequent involvement in serious 
     crime;
       ``(iv) successful efforts to prevent recidivism;
       ``(v) the juvenile justice system;
       ``(vi) juvenile violence;
       ``(vii) appropriate mental health services for juveniles 
     and youth at risk of participating in delinquent activities;
       ``(viii) reducing the proportion of juveniles detained or 
     confined in secure detention facilities, secure correctional 
     facilities, jails, and lockups who are members of minority 
     groups;
       ``(ix) evaluating services, treatment, and aftercare 
     placement of juveniles who were under the care of the State 
     child protection system before their placement in the 
     juvenile justice system;
       ``(x) determining--
       ``(I) the frequency, seriousness, and incidence of drug use 
     by youth in schools and communities in the States using, if 
     appropriate, data submitted by the States pursuant to this 
     subparagraph and subsection (b); and
       ``(II) the frequency, degree of harm, and morbidity of 
     violent incidents, particularly firearm-related injuries and 
     fatalities, by youth in schools and communities in the 
     States, including information with respect to--

       ``(aa) the relationship between victims and perpetrators;
       ``(bb) demographic characteristics of victims and 
     perpetrators; and
       ``(cc) the type of weapons used in incidents, as classified 
     in the Uniform Crime Reports of the Federal Bureau of 
     Investigation; and

       ``(xi) other purposes consistent with the purposes of this 
     title and title I.
       ``(2) The Administrator shall ensure that an equitable 
     amount of funds available to carry out paragraph (1)(B) is 
     used for research and evaluation relating to the prevention 
     of juvenile delinquency.
       ``(3) Nothing in this subsection shall be construed to 
     permit the development of a national database of personally 
     identifiable information on individuals involved in studies, 
     or in data-collection efforts, carried out under paragraph 
     (1)(B)(x).
       ``(4) Not later than 1 year after the date of enactment of 
     this paragraph,the Administrator shall conduct a study with 
     respect to juveniles who, prior to placement in the juvenile 
     justice system, were under the care or custody of the State 
     child welfare system, and to juveniles who are unable to 
     return to their family after completing their disposition in 
     the juvenile justice system and who remain wards of the 
     State. Such study shall include--
       ``(A) the number of juveniles in each category;
       ``(B) the extent to which State juvenile justice systems 
     and child welfare systems are coordinating services and 
     treatment for such juveniles;
       ``(C) the Federal and local sources of funds used for 
     placements and post-placement services;
       ``(D) barriers faced by State in providing services to 
     these juveniles;
       ``(E) the types of post-placement services used;
       ``(F) the frequency of case plans and case plan reviews; 
     and
       ``(G) the extent to which case plans identify and address 
     permanency and placement barriers and treatment plans.
       ``(b) Statistical Analyses.--The Administrator may--
       ``(1) plan and identify the purposes and goals of all 
     agreements carried out with funds provided under this 
     subsection; and
       ``(2) undertake statistical work in juvenile justice 
     matters, for the purpose of providing for the collection, 
     analysis, and dissemination of statistical data and 
     information relating to juvenile delinquency and serious 
     crimes committed by juveniles, to the juvenile justice 
     system, to juvenile violence, and to other purposes 
     consistent with the purposes of this title and title I.
       ``(c) Grant Authority and Competitive Selection Process.--
     The Administrator may make grants and enter into contracts 
     with public or private agencies, organizations, or 
     individuals and shall use a competitive process, established 
     by rule by the Administrator, to carry out subsections (a) 
     and (b).
       ``(d) Implementation of Agreements.--A Federal agency that 
     makes an agreement under subsections (a)(1)(B) and (b)(2) 
     with the Administrator may carry out such agreement directly 
     or by making grants to or contracts with public and private 
     agencies, institutions, and organizations.
       ``(e) Information Dissemination.--The Administrator may--
       ``(1) review reports and data relating to the juvenile 
     justice system in the United States and in foreign nations 
     (as appropriate), collect data and information from studies 
     and research into all aspects of juvenile delinquency 
     (including the causes, prevention, and treatment of juvenile 
     delinquency) and serious crimes committed by juveniles;
       ``(2) establish and operate, directly or by contract, a 
     clearinghouse and information center for the preparation, 
     publication, and dissemination of information relating to 
     juvenile delinquency, including State and local prevention 
     and treatment programs, plans, resources, and training and 
     technical assistance programs; and
       ``(3) make grants and contracts with public and private 
     agencies, institutions, and organizations, for the purpose of 
     disseminating information to representatives and personnel of 
     public and private agencies, including practitioners in 
     juvenile justice, law enforcement, the courts, corrections, 
     schools, and related services, in the establishment, 
     implementation, and operation of projects and activities for 
     which financial assistance is provided under this title.

     ``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

       ``(a) Training.--The Administrator may--
       ``(1) develop and carry out projects for the purpose of 
     training representatives and personnel of public and private 
     agencies, including practitioners in juvenile justice, law 
     enforcement, courts (including model juvenile and family 
     courts), corrections, schools, and related services, to carry 
     out the purposes specified in section 102; and
       ``(2) make grants to and contracts with public and private 
     agencies, institutions, and organizations for the purpose of 
     training representatives and personnel of public and private 
     agencies, including practitioners in juvenile justice, law 
     enforcement, courts (including model juvenile and family 
     courts), corrections, schools, and related services, to carry 
     out the purposes specified in section 102.

[[Page H6621]]

       ``(b) Technical Assistance.--The Administrator may--
       ``(1) develop and implement projects for the purpose of 
     providing technical assistance to representatives and 
     personnel of public and private agencies and organizations, 
     including practitioners in juvenile justice, law enforcement, 
     courts (including model juvenile and family courts), 
     corrections, schools, and related services, in the 
     establishment, implementation, and operation of programs, 
     projects, and activities for which financial assistance is 
     provided under this title; and
       ``(2) make grants to and contracts with public and private 
     agencies, institutions, and organizations, for the purpose of 
     providing technical assistance to representatives and 
     personnel of public and private agencies, including 
     practitioners in juvenile justice, law enforcement, courts 
     (including model juvenile and family courts), corrections, 
     schools, and related services, in the establishment, 
     implementation, and operation of programs, projects, and 
     activities for which financial assistance is provided under 
     this title.
       ``(c) Training and Technical Assistance to Mental Health 
     Professionals and Law Enforcement Personnel.--The 
     Administrator shall provide training and technical assistance 
     to mental health professionals and law enforcement personnel 
     (including public defenders, police officers, probation 
     officers, judges, parole officials, and correctional 
     officers) to address or to promote the development, testing, 
     or demonstration of promising or innovative models (including 
     model juvenile and family courts), programs, or delivery 
     systems that address the needs of juveniles who are alleged 
     or adjudicated delinquent and who, as a result of such 
     status, are placed in secure detention or confinement or in 
     nonsecure residential placements.''.

     SEC. 12212. DEMONSTRATION PROJECTS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part D, as added by section 12511, the following:

    ``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW 
                        INITIATIVES AND PROGRAMS

     ``SEC. 261. GRANTS AND PROJECTS.

       ``(a) Authority To Make Grants.--The Administrator may make 
     grants to and contracts with States, units of general local 
     government, Indian tribal governments, public and private 
     agencies, organizations, and individuals, or combinations 
     thereof, to carry out projects for the development, testing, 
     and demonstration of promising initiatives and programs for 
     the prevention, control, or reduction of juvenile 
     delinquency. The Administrator shall ensure that, to the 
     extent reasonable and practicable, such grants are made to 
     achieve an equitable geographical distribution of such 
     projects throughout the United States.
       ``(b) Use of Grants.--A grant made under subsection (a) may 
     be used to pay all or part of the cost of the project for 
     which such grant is made.

     ``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

       ``The Administrator may make grants to and contracts with 
     public and private agencies, organizations, and individuals 
     to provide technical assistance to States, units of general 
     local government, Indian tribal governments, local private 
     entities or agencies, or any combination thereof, to carry 
     out the projects for which grants are made under section 261.

     ``SEC. 263. ELIGIBILITY.

       ``To be eligible to receive a grant made under this part, a 
     public or private agency, Indian tribal government, 
     organization, institution, individual, or combination thereof 
     shall submit an application to the Administrator at such 
     time, in such form, and containing such information as the 
     Administrator may reasonably require by rule.

     ``SEC. 264. REPORTS.

       ``Recipients of grants made under this part shall submit to 
     the Administrator such reports as may be reasonably requested 
     by the Administrator to describe progress achieved in 
     carrying out the projects for which such grants are made.''.

     SEC. 12213. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended--
       (1) by striking subsection (e), and
       (2) by striking subsections (a), (b), and (c), and 
     inserting the following:
       ``(a) Authorization of Appropriations for Title II 
     (Excluding Parts C and E).--(1) There are authorized to be 
     appropriated to carry out this title such sums as may be 
     appropriate for fiscal years 2003, 2004, 2005, 2006, and 
     2007.
       ``(2) Of such sums as are appropriated for a fiscal year to 
     carry out this title (other than parts C and E)--
       ``(A) not more than 5 percent shall be available to carry 
     out part A;
       ``(B) not less than 80 percent shall be available to carry 
     out part B; and
       ``(C) not more than 15 percent shall be available to carry 
     out part D.
       ``(b) Authorization of Appropriations for Part C.--There 
     are authorized to be appropriated to carry out part C such 
     sums as may be necessary for fiscal years 2003, 2004, 2005, 
     2006, and 2007.
       ``(c) Authorization of Appropriations for Part E.--There 
     are authorized to be appropriated to carry out part E, and 
     authorized to remain available until expended, such sums as 
     may be necessary for fiscal years 2003, 2004, 2005, 2006, and 
     2007.''.

     SEC. 12214. ADMINISTRATIVE AUTHORITY.

       Section 299A of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5672) is amended--
       (1) in subsection (d) by striking ``as are consistent with 
     the purpose of this Act'' and inserting ``only to the extent 
     necessary to ensure that there is compliance with the 
     specific requirements of this title or to respond to requests 
     for clarification and guidance relating to such compliance'', 
     and
       (2) by adding at the end the following:
       ``(e) If a State requires by law compliance with the 
     requirements described in paragraphs (11), (12), and (13) of 
     section 223(a), then for the period such law is in effect in 
     such State such State shall be rebuttably presumed to satisfy 
     such requirements.''.

     SEC. 12215. USE OF FUNDS.

       Section 299C(c) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5674(c)) is amended to read 
     as follows:
       ``(c) No funds may be paid under this title to a 
     residential program (excluding a program in a private 
     residence) unless--
       ``(1) there is in effect in the State in which such 
     placement or care is provided, a requirement that the 
     provider of such placement or such care may be licensed only 
     after satisfying, at a minimum, explicit standards of 
     discipline that prohibit neglect, and physical and mental 
     abuse, as defined by State law;
       ``(2) such provider is licensed as described in paragraph 
     (1) by the State in which such placement or care is provided; 
     and
       ``(3) in a case involving a provider located in a State 
     that is different from the State where the order for 
     placement originates, the chief administrative officer of the 
     public agency or the officer of the court placing the 
     juvenile certifies that such provider--
       ``(A) satisfies the originating State's explicit licensing 
     standards of discipline that prohibit neglect, physical and 
     mental abuse, and standards for education and health care as 
     defined by that State's law; and
       ``(B) otherwise complies with the Interstate Compact on the 
     Placement of Children as entered into by such other State.''.

     SEC. 12216. LIMITATIONS ON USE OF FUNDS.

       Part F of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so 
     redesignated by section 12510, is amended adding at the end 
     the following:

     ``SEC. 299F. LIMITATIONS ON USE OF FUNDS.

       ``None of the funds made available to carry out this title 
     may be used to advocate for, or support, the unsecured 
     release of juveniles who are charged with a violent crime.''.

     SEC. 12217. RULES OF CONSTRUCTION.

       Part F of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so 
     redesignated by section 12510 and amended by section 12516, 
     is amended adding at the end the following:

     ``SEC. 299G. RULES OF CONSTRUCTION.

       ``Nothing in this title or title I shall be construed--
       ``(1) to prevent financial assistance from being awarded 
     through grants under this title to any otherwise eligible 
     organization; or
       ``(2) to modify or affect any Federal or State law relating 
     to collective bargaining rights of employees.''.

     SEC. 12218. LEASING SURPLUS FEDERAL PROPERTY.

       Part F of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so 
     redesignated by section 12510 and amended by sections 12516 
     and 12517, is amended adding at the end the following:

     ``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

       ``The Administrator may receive surplus Federal property 
     (including facilities) and may lease such property to States 
     and units of general local government for use in or as 
     facilities for juvenile offenders, or for use in or as 
     facilities for delinquency prevention and treatment 
     activities.''.

     SEC. 12219. ISSUANCE OF RULES.

       Part F of title II or the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so 
     redesignated by section 12510 and amended by sections 12516, 
     12517, and 12518, is amended adding at the end the following:

     ``SEC. 299I. ISSUANCE OF RULES.

       ``The Administrator shall issue rules to carry out this 
     title, including rules that establish procedures and methods 
     for making grants and contracts, and distributing funds 
     available, to carry out this title.''.

     SEC. 12220. CONTENT OF MATERIALS.

       Part F of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so 
     redesignated by section 12510 and amended by sections 12516, 
     12517, 12518, and 12519, is amended by adding at the end the 
     following:

     ``SEC. 299J. CONTENT OF MATERIALS.

       ``Materials produced, procured, or distributed both using 
     funds appropriated to carry out this Act and for the purpose 
     of preventing hate crimes that result in acts of physical 
     violence, shall not recommend or require any action that 
     abridges or infringes upon the constitutionally protected 
     rights of free speech, religion, or equal protection of 
     juveniles or of their parents or legal guardians.''.

     SEC. 12221. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Technical Amendments.--The Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 
     is amended--
       (1) in section 202(b) by striking ``prescribed for GS-18 of 
     the General Schedule by section 5332'' and inserting 
     ``payable under section 5376'',
       (2) in section 221(b)(2) by striking the last sentence,
       (3) in section 299D by striking subsection (d), and
       (4) by striking title IV, as originally enacted by Public 
     Law 93-415 (88 Stat. 1132-1143).
       (b) Conforming Amendments.--(1) The Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13001 et seq.) is amended--

[[Page H6622]]

       (A) in section 214(b)(1) by striking ``262, 293, and 296 of 
     subpart II of title II'' and inserting ``299B and 299E'',
       (B) in section 214A(c)(1) by striking ``262, 293, and 296 
     of subpart II of title II'' and inserting ``299B and 299E'',
       (C) in section 217(c)(1) by striking ``sections 262, 293, 
     and 296 of subpart II of title II'' and inserting ``sections 
     299B and 299E'', and
       (D) in section 223(c) by striking ``section 262, 293, and 
     296'' and inserting ``sections 262, 299B, and 299E''.
       (2) Section 404(a)(5)(E) of the Missing Children's 
     Assistance Act (42 U.S.C. 5773) is amended by striking 
     ``section 313'' and inserting ``section 331''.

     SEC. 12222. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION 
                   PROGRAMS.

       (a) Amendment.--Title V of the of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5781-5785), as 
     added by Public Law 102-586, is amended to read as follows:
 ``TITLE V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

     ``SEC. 501. SHORT TITLE.

       ``This title may be cited as the `Incentive Grants for 
     Local Delinquency Prevention Programs Act of 2002'.

     ``SEC. 502. DEFINITION.

       ``In this title, the term `State advisory group' means the 
     advisory group appointed by the chief executive officer of a 
     State under a plan described in section 223(a).

     ``SEC. 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

       ``The Administrator shall--
       ``(1) issue such rules as are necessary or appropriate to 
     carry out this title;
       ``(2) make such arrangements as are necessary and 
     appropriate to facilitate coordination and policy development 
     among all activities funded through the Department of Justice 
     relating to delinquency prevention (including the preparation 
     of an annual comprehensive plan for facilitating such 
     coordination and policy development);
       ``(3) provide adequate staff and resources necessary to 
     properly carry out this title; and
       ``(4) not later than 180 days after the end of each fiscal 
     year, submit a report to the chairman of the Committee on 
     Education and the Workforce of the House of Representatives 
     and the chairman of the Committee on the Judiciary of the 
     Senate--
       ``(A) describing activities and accomplishments of grant 
     activities funded under this title;
       ``(B) describing procedures followed to disseminate grant 
     activity products and research findings;
       ``(C) describing activities conducted to develop policy and 
     to coordinate Federal agency and interagency efforts related 
     to delinquency prevention; and
       ``(D) identifying successful approaches and making 
     recommendations for future activities to be conducted under 
     this title.

     ``SEC. 504. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

       ``(a) Purposes.--The Administrator may make grants to a 
     State, to be transmitted through the State advisory group to 
     units of local government that meet the requirements of 
     subsection (b), for delinquency prevention programs and 
     activities for juveniles who have had contact with the 
     juvenile justice system or who are likely to have contact 
     with the juvenile justice system, including the provision to 
     juveniles and their families of--
       ``(1) alcohol and substance abuse prevention services;
       ``(2) tutoring and remedial education, especially in 
     reading and mathematics;
       ``(3) child and adolescent health and mental health 
     services;
       ``(4) recreation services;
       ``(5) leadership and youth development activities;
       ``(6) the teaching that people are and should be held 
     accountable for their actions;
       ``(7) assistance in the development of job training skills; 
     and
       ``(8) other data-driven evidence based prevention programs.
       ``(b) Eligibility.--The requirements of this subsection are 
     met with respect to a unit of general local government if--
       ``(1) the unit is in compliance with the requirements of 
     part B of title II;
       ``(2) the unit has submitted to the State advisory group a 
     minimum 3-year comprehensive plan outlining the unit's local 
     front end plans for investment for delinquency prevention and 
     early intervention activities;
       ``(3) the unit has included in its application to the 
     Administrator for formula grant funds a summary of the 
     minimum 3-year comprehensive plan described in paragraph (2);
       ``(4) pursuant to its minimum 3-year comprehensive plan, 
     the unit has appointed a local policy board of not fewer than 
     15 and not more than 21 members, with balanced representation 
     of public agencies and private nonprofit organizations 
     serving juveniles, their families, and business and industry;
       ``(5) the unit has, in order to aid in the prevention of 
     delinquency, included in its application a plan for the 
     coordination of services to at-risk juveniles and their 
     families, including such programs as nutrition, energy 
     assistance, and housing;
       ``(6) the local policy board is empowered to make all 
     recommendations for distribution of funds and evaluation of 
     activities funded under this title; and
       ``(7) the unit or State has agreed to provide a 50 percent 
     match of the amount of the grant, including the value of in-
     kind contributions, to fund the activity.
       ``(c) Priority.--In considering grant applications under 
     this section, the Administrator shall give priority to 
     applicants that demonstrate ability in--
       ``(1) plans for service and agency coordination and 
     collaboration including the colocation of services;
       ``(2) innovative ways to involve the private nonprofit and 
     business sector in delinquency prevention activities;
       ``(3) developing or enhancing a statewide subsidy program 
     to local governments that is dedicated to early intervention 
     and delinquency prevention;
       ``(4) coordinating and collaborating with programs 
     established in local communities for delinquency prevention 
     under part C of this subtitle; and
       ``(5) developing data-driven prevention plans, employing 
     evidence-based prevention strategies, and conducting program 
     evaluations to determine impact and effectiveness.

     ``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as may be necessary for fiscal years 2004, 
     2005, 2006, 2007, and 2008.''.
       (b) Effective Date; Application of Amendment.--The 
     amendment made by subsection (a) shall take effect on October 
     1, 2002, and shall not apply with respect to grants made 
     before such date.

     SEC. 12223. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this subtitle and the amendments made by this subtitle shall 
     take effect on the date of the enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     Act shall apply only with respect to fiscal years beginning 
     after September 30, 2002.
                Subtitle C--Juvenile Disposition Hearing

     SEC. 12301. JUVENILE DISPOSITION HEARING.

       Section 5037 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the second sentence--
       (i) by striking ``enter an order of restitution pursuant to 
     section 3556,''; and
       (ii) by inserting after ``official detention'' the 
     following: ``which may include a term of juvenile delinquent 
     supervision to follow detention''; and
       (B) by inserting after the second sentence the following: 
     ``In addition, the court may enter an order of restitution 
     pursuant to section 3556.'';
       (2) in subsection (b)--
       (A) by striking the last sentence; and
       (B) by adding at the end the following:
     ``The provisions dealing with probation set forth in sections 
     3563 and 3564 are applicable to an order placing a juvenile 
     on probation. If the juvenile violates a condition of 
     probation at any time prior to the expiration or termination 
     of the term of probation, the court may, after a 
     dispositional hearing and after considering any pertinent 
     policy statements promulgated by the Sentencing Commission 
     pursuant to section 994 of title 28, revoke the term of 
     probation and order a term of official detention. The term of 
     official detention authorized upon revocation of probation 
     shall not exceed the terms authorized in section 5037(c)(2) 
     (A) and (B). The application of sections 5037(c)(2) (A) and 
     (B) shall be determined based upon the age of the juvenile at 
     the time of the disposition of the revocation proceeding. If 
     a juvenile is over the age of 21 years old at the time of the 
     revocation proceeding, the mandatory revocation provisions of 
     section 3565(b) are applicable. A disposition of a juvenile 
     who is over the age of 21 years shall be in accordance with 
     the provisions of section 5037(c)(2), except that in the case 
     of a juvenile who if convicted as an adult would be convicted 
     of a Class A, B, or C felony, no term of official detention 
     may continue beyond the juvenile's 26th birthday, and in any 
     other case, no term of imprisonment may continue beyond the 
     juvenile's 24th birthday. A term of official detention may 
     include a term of juvenile delinquent supervision.'';
       (3) in subsection (c)(1)--
       (A) in subparagraph (A), by striking ``or'';
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) the maximum of the guideline range, pursuant to 
     section 994 of title 28, applicable to an otherwise similarly 
     situated adult defendant unless the court finds an 
     aggravating factor to warrant an upward departure from the 
     otherwise applicable guideline range; or'';
       (4) in subsection (c)(2)(A), by striking ``five years; or'' 
     and inserting: ``the lesser of--
       ``(i) five years; or
       ``(ii) the maximum of the guideline range, pursuant to 
     section 994 of title 28, applicable to an otherwise similarly 
     situated adult defendant unless the court finds an 
     aggravating factor to warrant an upward departure from the 
     otherwise applicable guideline range; or'';
       (5) in subsection (c)(2)(B)--
       (A) in clause (i), by striking ``or'';
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) the maximum of the guideline range, pursuant to 
     section 994 of title 28, applicable to an otherwise similarly 
     situated adult defendant unless the court finds an 
     aggravating factor to warrant an upward departure from the 
     otherwise applicable guideline range; or'';
       (6) by redesignating subsection (d) as subsection (e); and
       (7) by inserting after subsection (c) the following:
       ``(d)(1) The court, in ordering a term of official 
     detention, may include the requirement that the juvenile be 
     placed on a term of juvenile delinquent supervision after 
     official detention.
       ``(2) The term of juvenile delinquent supervision that may 
     be ordered for a juvenile found to be a juvenile delinquent 
     may not extend--

[[Page H6623]]

       ``(A) in the case of a juvenile who is less than 18 years 
     old, a term that extends beyond the date when the juvenile 
     becomes 21 years old; or
       ``(B) in the case of a juvenile who is between 18 and 21 
     years old, a term that extends beyond the maximum term of 
     official detention set forth in section 5037(c)(2) (A) and 
     (B), less the term of official detention ordered.
       ``(3) The provisions dealing with probation set forth in 
     sections 3563 and 3564 are applicable to an order placing a 
     juvenile on juvenile delinquent supervision.
       ``(4) The court may modify, reduce, or enlarge the 
     conditions of juvenile delinquent supervision at any time 
     prior to the expiration or termination of the term of 
     supervision after a dispositional hearing and after 
     consideration of the provisions of section 3563 regarding the 
     initial setting of the conditions of probation.
       ``(5) If the juvenile violates a condition of juvenile 
     delinquent supervision at any time prior to the expiration or 
     termination of the term of supervision, the court may, after 
     a dispositional hearing and after considering any pertinent 
     policy statements promulgated by the Sentencing Commission 
     pursuant to section 994 of title 18, revoke the term of 
     supervision and order a term of official detention. The term 
     of official detention which is authorized upon revocation of 
     juvenile delinquent supervision shall not exceed the term 
     authorized in section 5037(c)(2) (A) and (B), less any term 
     of official detention previously ordered. The application of 
     sections 5037(c)(2) (A) and (B) shall be determined based 
     upon the age of the juvenile at the time of the disposition 
     of the revocation proceeding. If a juvenile is over the age 
     of 21 years old at the time of the revocation proceeding, the 
     mandatory revocation provisions of section 3565(b) are 
     applicable. A disposition of a juvenile who is over the age 
     of 21 years old shall be in accordance with the provisions of 
     section 5037(c)(2), except that in the case of a juvenile who 
     if convicted as an adult would be convicted of a Class A, B, 
     or C felony, no term of official detention may continue 
     beyond the juvenile's 26th birthday, and in any other case, 
     no term of official detention may continue beyond the 
     juvenile's 24th birthday.
       ``(6) When a term of juvenile delinquent supervision is 
     revoked and the juvenile is committed to official detention, 
     the court may include a requirement that the juvenile be 
     placed on a term of juvenile delinquent supervision. Any term 
     of juvenile delinquent supervision ordered following 
     revocation for a juvenile who is over the age of 21 years old 
     at the time of the revocation proceeding shall be in 
     accordance with the provisions of section 5037(d)(1), except 
     that in the case of a juvenile who if convicted as an adult 
     would be convicted of a Class A, B, or C felony, no term of 
     juvenile delinquent supervision may continue beyond the 
     juvenile's 26th birthday, and in any other case, no term of 
     juvenile delinquent supervision may continue beyond the 
     juvenile's 24th birthday.''.
                    TITLE III--INTELLECTUAL PROPERTY
         Subtitle A--Patent and Trademark Office Authorization

     SEC. 13101. SHORT TITLE.

       This subtitle may be cited as the ``Patent and Trademark 
     Office Authorization Act of 2002''.

     SEC. 13102. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT 
                   AND TRADEMARK OFFICE.

       (a) In General.--There are authorized to be appropriated to 
     the United States Patent and Trademark Office for salaries 
     and necessary expenses for each of the fiscal years 2003 
     through 2008 an amount equal to the fees estimated by the 
     Secretary of Commerce to be collected in each such fiscal 
     year, respectively, under--
       (1) title 35, United States Code; and
       (2) the Act entitled ``An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1051 et seq.) (commonly referred to as the 
     Trademark Act of 1946).
       (b) Estimates.--Not later than February 15, of each fiscal 
     year, the Undersecretary of Commerce for Intellectual 
     Property and the Director of the Patent and Trademark Office 
     (in this subtitle referred to as the Director) shall submit 
     an estimate of all fees referred to under subsection (a) to 
     be collected in the next fiscal year to the chairman and 
     ranking member of--
       (1) the Committees on Appropriations and Judiciary of the 
     Senate; and
       (2) the Committees on Appropriations and Judiciary of the 
     House of Representatives.

     SEC. 13103. ELECTRONIC FILING AND PROCESSING OF PATENT AND 
                   TRADEMARK APPLICATIONS.

       (a) Electronic Filing and Processing.--The Director shall, 
     beginning not later than 90 days after the date of enactment 
     of this Act, and during the 3-year period thereafter, develop 
     an electronic system for the filing and processing of patent 
     and trademark applications, that--
       (1) is user friendly; and
       (2) includes the necessary infrastructure--
       (A) to allow examiners and applicants to send all 
     communications electronically; and
       (B) to allow the Office to process, maintain, and search 
     electronically the contents and history of each application.
       (b) Authorization of Appropriations.--Of amounts authorized 
     under section 13102, there is authorized to be appropriated 
     to carry out subsection (a) of this section not more than 
     $50,000,000 for each of fiscal years 2003, 2004, and 2005. 
     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. 13104. STRATEGIC PLAN.

       (a) Development of Plan.--
       (1) In general.--The Director shall, in close consultation 
     with the Patent Public Advisory Committee and the Trademark 
     Public Advisory Committee, develop a strategic plan that sets 
     forth the goals and methods by which the United States Patent 
     and Trademark Office will, during the 5-year period beginning 
     on January 1, 2003--
       (A) enhance patent and trademark quality;
       (B) reduce patent and trademark pendency; and
       (C) develop and implement an effective electronic system 
     for use by the Patent and Trademark Office and the public for 
     all aspects of the patent and trademark processes, including, 
     in addition to the elements set forth in section 13103, 
     searching, examining, communicating, publishing, and making 
     publicly available, patents and trademark registrations.
       (2) Contents and consultation.--The strategic plan shall 
     include milestones and objective and meaningful criteria for 
     evaluating the progress and successful achievement of the 
     plan. The Director shall consult with the Public Advisory 
     Committees with respect to the development of each aspect of 
     the strategic plan.
       (b) Report to Congressional Committees.--Not later than 4 
     months after the date of enactment of this Act, the Director 
     shall submit the plan developed under subsection (a) to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives.

     SEC. 13105. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF 
                   PATENTABILITY IN REEXAMINATION PROCEEDINGS.

       (a) In General.--Sections 303(a) and 312(a) of title 35, 
     United States Code, are each amended by adding at the end the 
     following: ``The existence of a substantial new question of 
     patentability is not precluded by the fact that a patent or 
     printed publication was previously cited by or to the Office 
     or considered by the Office.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to any determination of the Director 
     of the United States Patent and Trademark Office that is made 
     under section 303(a) or 312(a) of title 35, United States 
     Code, on or after the date of enactment of this Act.

     SEC. 13106. APPEALS IN INTER PARTES REEXAMINATION 
                   PROCEEDINGS.

       (a) Appeals by Third-Party Requester in Proceedings.--
     Section 315(b) of title 35, United States Code, is amended to 
     read as follows:
       ``(b) Third-Party Requester.--A third-party requester--
       ``(1) may appeal under the provisions of section 134, and 
     may appeal under the provisions of sections 141 through 144, 
     with respect to any final decision favorable to the 
     patentability of any original or proposed amended or new 
     claim of the patent; and
       ``(2) may, subject to subsection (c), be a party to any 
     appeal taken by the patent owner under the provisions of 
     section 134 or sections 141 through 144.''.
       (b) Appeal to Board of Patent Appeals and Interferences.--
     Section 134(c) of title 35, United States Code, is amended by 
     striking the last sentence.
       (c) Appeal to Court of Appeals for the Federal Circuit.--
     Section 141 of title 35, United States Code, is amended in 
     the third sentence by inserting ``, or a third-party 
     requester in an inter partes reexamination proceeding, who 
     is'' after ``patent owner''.
       (d) Effective Date.--The amendments made by this section 
     apply with respect to any reexamination proceeding commenced 
     on or after the date of enactment of this Act.
    Subtitle B--Intellectual Property and High Technology Technical 
                               Amendments

     SEC. 13201. SHORT TITLE.

       This subtitle may be cited as the ``Intellectual Property 
     and High Technology Technical Amendments Act of 2002''.

     SEC. 13202. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 
                   1999; TECHNICAL AMENDMENTS.

       (a) Optional Inter Partes Reexamination Procedures.--Title 
     35, United States Code, is amended as follows:
       (1) Section 311 is amended--
       (A) in subsection (a), by striking ``person'' and inserting 
     ``third-party requester''; and
       (B) in subsection (c), by striking ``Unless the requesting 
     person is the owner of the patent, the'' and inserting 
     ``The''.
       (2) Section 312 is amended--
       (A) in subsection (a), by striking the second sentence; and
       (B) in subsection (b), by striking ``, if any''.
       (3) Section 314(b)(1) is amended--
       (A) by striking ``(1) This'' and all that follows through 
     ``(2)'' and inserting ``(1)'';
       (B) by striking ``the third-party requester shall receive a 
     copy'' and inserting ``the Office shall send to the third-
     party requester a copy''; and
       (C) by redesignating paragraph (3) as paragraph (2).
       (4) Section 315(c) is amended by striking ``United States 
     Code,''.
       (5) Section 317 is amended--
       (A) in subsection (a), by striking ``patent owner nor the 
     third-party requester, if any, nor privies of either'' and 
     inserting ``third-party requester nor its privies''; and
       (B) in subsection (b), by striking ``United States Code,''.
       (b) Conforming Amendments.--
       (1) Appeal to the board of patent appeals and 
     interferences.--Subsections (a), (b), and (c) of section 134 
     of title 35, United States Code, are each amended by striking 
     ``administrative patent judge'' each place it appears and 
     inserting ``primary examiner''.
       (2) Proceeding on appeal.--Section 143 of title 35, United 
     States Code, is amended by amending the third sentence to 
     read as follows: ``In an ex parte case or any reexamination 
     case, the Director shall submit to the court in writing the 
     grounds for the decision of the Patent and

[[Page H6624]]

     Trademark Office, addressing all the issues involved in the 
     appeal. The court shall, before hearing an appeal, give 
     notice of the time and place of the hearing to the 
     Director and the parties in the appeal.''.
       (c) Clerical Amendments.--
       (1) Section 4604(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113, is amended by 
     striking ``Part 3'' and inserting ``Part III''.
       (2) Section 4604(b) of that Act is amended by striking 
     ``title 25'' and inserting ``title 35''.
       (d) Effective Date.--The amendments made by section 4605 
     (b), (c), and (e) of the Intellectual Property and 
     Communications Omnibus Reform Act, as enacted by section 
     1000(a)(9) of Public Law 106-113, shall apply to any 
     reexamination filed in the United States Patent and Trademark 
     Office on or after the date of enactment of Public Law 106-
     113.

     SEC. 13203. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.

       (a) Deputy Commissioner.--
       (1) Section 17(b) of the Act of July 5, 1946 (commonly 
     referred to as the ``Trademark Act of 1946'') (15 U.S.C. 
     1067(b)), is amended by inserting ``the Deputy 
     Commissioner,'' after ``Commissioner,''.
       (2) Section 6(a) of title 35, United States Code, is 
     amended by inserting ``the Deputy Commissioner,'' after 
     ``Commissioner,''.
       (b) Public Advisory Committees.--Section 5 of title 35, 
     United States Code, is amended--
       (1) in subsection (i), by inserting ``, privileged,'' after 
     ``personnel''; and
       (2) by adding at the end the following new subsection:
       ``(j) Inapplicability of Patent Prohibition.--Section 4 
     shall not apply to voting members of the Advisory 
     Committees.''.
       (c) Miscellaneous.--Section 153 of title 35, United States 
     Code, is amended by striking ``and attested by an officer of 
     the Patent and Trademark Office designated by the 
     Director,''.

     SEC. 13204. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT 
                   APPLICATIONS ACT OF 1999 AMENDMENTS.

       Section 154(d)(4)(A) of title 35, United States Code, as in 
     effect on November 29, 2000, is amended--
       (1) by striking ``on which the Patent and Trademark Office 
     receives a copy of the'' and inserting ``of''; and
       (2) by striking ``international application'' the last 
     place it appears and inserting ``publication''.

     SEC. 13205. DOMESTIC PUBLICATION OF PATENT APPLICATIONS 
                   PUBLISHED ABROAD.

       Subtitle E of title IV of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113, is amended as 
     follows:
       (1) Section 4505 is amended to read as follows:

     ``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

       ``Section 102(e) of title 35, United States Code, is 
     amended to read as follows:
       `` `(e) the invention was described in (1) an application 
     for patent, published under section 122(b), by another filed 
     in the United States before the invention by the applicant 
     for patent or (2) a patent granted on an application for 
     patent by another filed in the United States before the 
     invention by the applicant for patent, except that an 
     international application filed under the treaty defined in 
     section 351(a) shall have the effects for the purposes of 
     this subsection of an application filed in the United States 
     only if the international application designated the United 
     States and was published under Article 21(2) of such treaty 
     in the English language; or'. ''.
       (2) Section 4507 is amended--
       (A) in paragraph (1), by striking ``Section 11'' and 
     inserting ``Section 10'';
       (B) in paragraph (2), by striking ``Section 12'' and 
     inserting ``Section 11''.
       (C) in paragraph (3), by striking ``Section 13'' and 
     inserting ``Section 12'';
       (D) in paragraph (4), by striking ``12 and 13'' and 
     inserting ``11 and 12'';
       (E) in section 374 of title 35, United States Code, as 
     amended by paragraph (10), by striking ``confer the same 
     rights and shall have the same effect under this title as an 
     application for patent published'' and inserting ``be deemed 
     a publication''; and
       (F) by adding at the end the following:
       ``(12) The item relating to section 374 in the table of 
     contents for chapter 37 of title 35, United States Code, is 
     amended to read as follows:

`` `374. Publication of international application.' ''.

       (3) Section 4508 is amended to read as follows:

     ``SEC. 4508. EFFECTIVE DATE.

       ``Except as otherwise provided in this section, sections 
     4502 through 4504 and 4506 through 4507, and the amendments 
     made by such sections, shall be effective as of November 29, 
     2000, and shall apply only to applications (including 
     international applications designating the United States) 
     filed on or after that date. The amendments made by section 
     4504 shall additionally apply to any pending application 
     filed before November 29, 2000, if such pending application 
     is published pursuant to a request of the applicant under 
     such procedures as may be established by the Director. Except 
     as otherwise provided in this section, the amendments made by 
     section 4505 shall be effective as of November 29, 2000 and 
     shall apply to all patents and all applications for patents 
     pending on or filed after November 29, 2000. Patents 
     resulting from an international application filed before 
     November 29, 2000 and applications published pursuant to 
     section 122(b) or Article 21(2) of the treaty defined in 
     section 351(a) resulting from an international application 
     filed before November 29, 2000 shall not be effective as 
     prior art as of the filing date of the international 
     application; however, such patents shall be effective as 
     prior art in accordance with section 102(e) in effect on 
     November 28, 2000.''.

     SEC. 13206. MISCELLANEOUS CLERICAL AMENDMENTS.

       (a) Amendments to Title 35.--The following provisions of 
     title 35, United States Code, are amended:
       (1) Section 2(b) is amended in paragraphs (2)(B) and 
     (4)(B), by striking ``, United States Code''.
       (2) Section 3 is amended--
       (A) in subsection (a)(2)(B), by striking ``United States 
     Code,'';
       (B) in subsection (b)(2)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``, United States Code'';
       (ii) in the first sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code'';

       (iii) in the second sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code.'' and inserting a 
     period;

       (iv) in the last sentence of subparagraph (B), by striking 
     ``, United States Code''; and
       (v) in subparagraph (C), by striking ``, United States 
     Code''; and
       (C) in subsection (c)--
       (i) in the subsection caption, by striking ``, United 
     States Code''; and
       (ii) by striking ``United States Code,''.
       (3) Section 5 is amended in subsections (e) and (g), by 
     striking ``, United States Code'' each place it appears.
       (4) The table of chapters for part I is amended in the item 
     relating to chapter 3, by striking ``before'' and inserting 
     ``Before''.
       (5) The item relating to section 21 in the table of 
     contents for chapter 2 is amended to read as follows:

``21. Filing date and day for taking action.''.

       (6) The item relating to chapter 12 in the table of 
     chapters for part II is amended to read as follows:

``12. Examination of Application.................................131''.

       (7) The item relating to section 116 in the table of 
     contents for chapter 11 is amended to read as follows:

``116. Inventors.''.

       (8) Section 154(b)(4) is amended by striking ``, United 
     States Code,''.
       (9) Section 156 is amended--
       (A) in subsection (b)(3)(B), by striking ``paragraphs'' and 
     inserting ``paragraph'';
       (B) in subsection (d)(2)(B)(i), by striking ``below the 
     office'' and inserting ``below the Office''; and
       (C) in subsection (g)(6)(B)(iii), by striking 
     ``submittted'' and inserting ``submitted''.
       (10) The item relating to section 183 in the table of 
     contents for chapter 17 is amended by striking ``of'' and 
     inserting ``to''.
       (11) Section 185 is amended by striking the second period 
     at the end of the section.
       (12) Section 201(a) is amended--
       (A) by striking ``United States Code,''; and
       (B) by striking ``5, United States Code.'' and inserting 
     ``5.''.
       (13) Section 202 is amended--
       (A) in subsection (b)(4), by striking ``last paragraph of 
     section 203(2)'' and inserting ``section 203(b)''; and
       (B) in subsection (c)--
       (i) in paragraph (4), by striking ``rights;'' and inserting 
     ``rights,''; and
       (ii) in paragraph (5), by striking ``of the United States 
     Code''.
       (14) Section 203 is amended--
       (A) in paragraph (2)--
       (i) by striking ``(2)'' and inserting ``(b)'';
       (ii) by striking the quotation marks and comma before ``as 
     appropriate''; and
       (iii) by striking ``paragraphs (a) and (c)'' and inserting 
     ``paragraphs (1) and (3) of subsection (a)''; and
       (B) in the first paragraph--
       (i) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(1)'', ``(2)'', ``(3)'', and ``(4)'', 
     respectively; and
       (ii) by striking ``(1.'' and inserting ``(a)''.
       (15) Section 209 is amended in subsections (d)(2) and (f), 
     by striking ``of the United States Code''.
       (16) Section 210 is amended--
       (A) in subsection (a)--
       (i) in paragraph (11), by striking ``5901'' and inserting 
     ``5908''; and
       (ii) in paragraph (20) by striking ``178(j)'' and inserting 
     ``178j''; and
       (B) in subsection (c)--
       (i) by striking ``paragraph 202(c)(4)'' and inserting 
     ``section 202(c)(4)''; and
       (ii) by striking ``title..'' and inserting ``title.''.
       (17) The item relating to chapter 29 in the table of 
     chapters for part III is amended by inserting a comma after 
     ``Patent''.
       (18) The item relating to section 256 in the table of 
     contents for chapter 25 is amended to read as follows:

``256. Correction of named inventor.''.

       (19) Section 294 is amended--
       (A) in subsection (b), by striking ``United States Code,''; 
     and
       (B) in subsection (c), in the second sentence by striking 
     ``court to'' and inserting ``court of''.
       (20) Section 371(d) is amended by adding at the end a 
     period.
       (21) Paragraphs (1), (2), and (3) of section 376(a) are 
     each amended by striking the semicolon and inserting a 
     period.
       (b) Other Amendments.--
       (1) Section 4732(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999 is amended--
       (A) in paragraph (9)(A)(ii), by inserting ``in subsection 
     (b),'' after ``(ii)''; and

[[Page H6625]]

       (B) in paragraph (10)(A), by inserting after ``title 35, 
     United States Code,'' the following: ``other than sections 1 
     through 6 (as amended by chapter 1 of this subtitle),''.
       (2) Section 4802(1) of that Act is amended by inserting 
     ``to'' before ``citizens''.
       (3) Section 4804 of that Act is amended--
       (A) in subsection (b), by striking ``11(a)'' and inserting 
     ``10(a)''; and
       (B) in subsection (c), by striking ``13'' and inserting 
     ``12''.
       (4) Section 4402(b)(1) of that Act is amended by striking 
     ``in the fourth paragraph''.

     SEC. 13207. TECHNICAL CORRECTIONS IN TRADEMARK LAW.

       (a) Award of Damages.--Section 35(a) of the Act of July 5, 
     1946 (commonly referred to as the ``Trademark Act of 1946'') 
     (15 U.S.C. 1117(a)), is amended by striking ``a violation 
     under section 43(a), (c), or (d),'' and inserting ``a 
     violation under section 43(a) or (d),''.
       (b) Additional Technical Amendments.--The Trademark Act of 
     1946 is further amended as follows:
       (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in 
     the first sentence by striking ``specifying the date of the 
     applicant's first use'' and all that follows through the end 
     of the sentence and inserting ``specifying the date of the 
     applicant's first use of the mark in commerce and those goods 
     or services specified in the notice of allowance on or in 
     connection with which the mark is used in commerce.''.
       (2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as 
     follows:
       ``(e) If the applicant is not domiciled in the United 
     States the applicant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Director.''.
       (3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as 
     follows:
       ``(f) If the registrant is not domiciled in the United 
     States, the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Director.''.
       (4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as 
     follows:
       ``(c) If the registrant is not domiciled in the United 
     States the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Director.''.
       (5) Subsections (a) and (b) of section 10 (15 U.S.C. 
     1060(a) and (b)) are amended to read as follows:
       ``(a)(1) A registered mark or a mark for which an 
     application to register has been filed shall be assignable 
     with the good will of the business in which the mark is used, 
     or with that part of the good will of the business connected 
     with the use of and symbolized by the mark. Notwithstanding 
     the preceding sentence, no application to register a mark 
     under section 1(b) shall be assignable prior to the filing of 
     an amendment under section 1(c) to bring the application into 
     conformity with section 1(a) or the filing of the verified 
     statement of use under section 1(d), except for an assignment 
     to a successor to the business of the applicant, or portion 
     thereof, to which the mark pertains, if that business is 
     ongoing and existing.
       ``(2) In any assignment authorized by this section, it 
     shall not be necessary to include the good will of the 
     business connected with the use of and symbolized by any 
     other mark used in the business or by the name or style under 
     which the business is conducted.
       ``(3) Assignments shall be by instruments in writing duly 
     executed. Acknowledgment shall be prima facie evidence of the 
     execution of an assignment, and when the prescribed 
     information reporting the assignment is recorded in the 
     United States Patent and Trademark Office, the record shall 
     be prima facie evidence of execution.
       ``(4) An assignment shall be void against any subsequent 
     purchaser for valuable consideration without notice, unless 
     the prescribed information reporting the assignment is 
     recorded in the United States Patent and Trademark Office 
     within 3 months after the date of the assignment or prior to 
     the subsequent purchase.
       ``(5) The United States Patent and Trademark Office shall 
     maintain a record of information on assignments, in such form 
     as may be prescribed by the Director.
       ``(b) An assignee not domiciled in the United States may 
     designate by a document filed in the United States Patent 
     and Trademark Office the name and address of a person 
     resident in the United States on whom may be served 
     notices or process in proceedings affecting the mark. Such 
     notices or process may be served upon the person so 
     designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot 
     be found at the address given in the last designation, or 
     if the assignee does not designate by a document filed in 
     the United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom 
     may be served notices or process in proceedings affecting 
     the mark, such notices or process may be served upon the 
     Director.''.
       (6) Section 23(c) (15 U.S.C. 1091(c)) is amended by 
     striking the second comma after ``numeral''.
       (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
     aligning the text with paragraph (7).
       (8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is 
     amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''.
       (9) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii)) 
     is amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code''.
       (10) Section 34(d)(11) is amended by striking ``6621 of the 
     Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of 
     the Internal Revenue Code of 1986''.
       (11) Section 35(b) (15 U.S.C. 1117(b)) is amended--
       (A) by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''; and
       (B) by striking ``6621 of the Internal Revenue Code of 
     1954'' and inserting ``6621(a)(2) of the Internal Revenue 
     Code of 1986''.
       (12) Section 44(e) (15 U.S.C. 1126(e)) is amended by 
     striking ``a certification'' and inserting ``a true copy, a 
     photocopy, a certification,''.

     SEC. 13208. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT.

       The Patent and Trademark Fee Fairness Act of 1999 (113 
     Stat. 1537-546 et seq.), as enacted by section 1000(a)(9) of 
     Public Law 106-113, is amended in section 4203, by striking 
     ``111(a)'' and inserting ``1113(a)''.

     SEC. 13209. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS 
                   REFORM ACT.

       Title I of the Intellectual Property and Communications 
     Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) 
     of Public Law 106-113, is amended as follows:
       (1) Section 1007 is amended--
       (A) in paragraph (2), by striking ``paragraph (2)'' and 
     inserting ``paragraph (2)(A)''; and
       (B) in paragraph (3), by striking ``1005(e)'' and inserting 
     ``1005(d)''.
       (2) Section 1006(b) is amended by striking 
     ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
       (3)(A) Section 1006(a) is amended--
       (i) in paragraph (1), by adding ``and'' after the 
     semicolon;
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (B) Section 1011(b)(2)(A) is amended to read as follows:
       ``(A) in paragraph (1), by striking `primary transmission 
     made by a superstation and embodying a performance or display 
     of a work' and inserting `performance or display of a work 
     embodied in a primary transmission made by a superstation or 
     by the Public Broadcasting Service satellite feed';''.

     SEC. 13210. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

       Title 17, United States Code, is amended as follows:
       (1) Section 119(a)(6) is amended by striking ``of 
     performance'' and inserting ``of a performance''.
       (2)(A) The section heading for section 122 is amended by 
     striking ``rights; secondary'' and inserting ``rights: 
     Secondary''.
       (B) The item relating to section 122 in the table of 
     contents for chapter 1 is amended to read as follows:

``122. Limitations on exclusive rights: Secondary transmissions by 
              satellite carriers within local markets.''.

       (3)(A) The section heading for section 121 is amended by 
     striking ``reproduction'' and inserting ``Reproduction''.
       (B) The item relating to section 121 in the table of 
     contents for chapter 1 is amended by striking 
     ``reproduction'' and inserting ``Reproduction''.
       (4)(A) Section 106 is amended by striking ``107 through 
     121'' and inserting ``107 through 122''.
       (B) Section 501(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (C) Section 511(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (5) Section 101 is amended--
       (A) by moving the definition of ``computer program'' so 
     that it appears after the definition of ``compilation''; and
       (B) by moving the definition of ``registration'' so that it 
     appears after the definition of ``publicly''.

[[Page H6626]]

       (6) Section 110(4)(B) is amended in the matter preceding 
     clause (i) by striking ``conditions;'' and inserting 
     ``conditions:''.
       (7) Section 118(b)(1) is amended in the second sentence by 
     striking ``to it''.
       (8) Section 119(b)(1)(A) is amended--
       (A) by striking ``transmitted'' and inserting 
     ``retransmitted''; and
       (B) by striking ``transmissions'' and inserting 
     ``retransmissions''.
       (9) Section 203(a)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (10) Section 304(c)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (11) The item relating to section 903 in the table of 
     contents for chapter 9 is amended by striking ``licensure'' 
     and inserting ``licensing''.

     SEC. 13211. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.

       (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, 
     United States Code, is amended by striking ``107 through 
     120'' and inserting ``107 through 122''.
       (b) Standard Reference Data.--(1) Section 105(f) of Public 
     Law 94-553 is amended by striking ``section 290(e) of title 
     15'' and inserting ``section 6 of the Standard Reference Data 
     Act (15 U.S.C. 290e)''.
       (2) Section 6(a) of the Standard Reference Data Act (15 
     U.S.C. 290e) is amended by striking ``Notwithstanding'' and 
     all that follows through ``United States Code,'' and 
     inserting ``Notwithstanding the limitations under section 105 
     of title 17, United States Code,''.
            Subtitle C--Educational Use Copyright Exemption

     SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.

       (a) Short Title.--This subtitle may be cited as the 
     ``Technology, Education, and Copyright Harmonization Act of 
     2002''.
       (b) Exemption of Certain Performances and Displays for 
     Educational Uses.--Section 110 of title 17, United States 
     Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) except with respect to a work produced or marketed 
     primarily for performance or display as part of mediated 
     instructional activities transmitted via digital networks, or 
     a performance or display that is given by means of a copy or 
     phonorecord that is not lawfully made and acquired under this 
     title, and the transmitting government body or accredited 
     nonprofit educational institution knew or had reason to 
     believe was not lawfully made and acquired, the performance 
     of a nondramatic literary or musical work or reasonable and 
     limited portions of any other work, or display of a work in 
     an amount comparable to that which is typically displayed in 
     the course of a live classroom session, by or in the course 
     of a transmission, if--
       ``(A) the performance or display is made by, at the 
     direction of, or under the actual supervision of an 
     instructor as an integral part of a class session offered as 
     a regular part of the systematic mediated instructional 
     activities of a governmental body or an accredited nonprofit 
     educational institution;
       ``(B) the performance or display is directly related and of 
     material assistance to the teaching content of the 
     transmission;
       ``(C) the transmission is made solely for, and, to the 
     extent technologically feasible, the reception of such 
     transmission is limited to--
       ``(i) students officially enrolled in the course for which 
     the transmission is made; or
       ``(ii) officers or employees of governmental bodies as a 
     part of their official duties or employment; and
       ``(D) the transmitting body or institution--
       ``(i) institutes policies regarding copyright, provides 
     informational materials to faculty, students, and relevant 
     staff members that accurately describe, and promote 
     compliance with, the laws of the United States relating to 
     copyright, and provides notice to students that materials 
     used in connection with the course may be subject to 
     copyright protection; and
       ``(ii) in the case of digital transmissions--

       ``(I) applies technological measures that reasonably 
     prevent--

       ``(aa) retention of the work in accessible form by 
     recipients of the transmission from the transmitting body or 
     institution for longer than the class session; and
       ``(bb) unauthorized further dissemination of the work in 
     accessible form by such recipients to others; and

       ``(II) does not engage in conduct that could reasonably be 
     expected to interfere with technological measures used by 
     copyright owners to prevent such retention or unauthorized 
     further dissemination;''; and

       (2) by adding at the end the following:
       ``In paragraph (2), the term `mediated instructional 
     activities' with respect to the performance or display of a 
     work by digital transmission under this section refers to 
     activities that use such work as an integral part of the 
     class experience, controlled by or under the actual 
     supervision of the instructor and analogous to the type of 
     performance or display that would take place in a live 
     classroom setting. The term does not refer to activities 
     that use, in 1 or more class sessions of a single course, 
     such works as textbooks, course packs, or other material 
     in any media, copies or phonorecords of which are 
     typically purchased or acquired by the students in higher 
     education for their independent use and retention or are 
     typically purchased or acquired for elementary and 
     secondary students for their possession and independent 
     use.
       ``For purposes of paragraph (2), accreditation--
       ``(A) with respect to an institution providing post-
     secondary education, shall be as determined by a regional or 
     national accrediting agency recognized by the Council on 
     Higher Education Accreditation or the United States 
     Department of Education; and
       ``(B) with respect to an institution providing elementary 
     or secondary education, shall be as recognized by the 
     applicable state certification or licensing procedures.
       ``For purposes of paragraph (2), no governmental body or 
     accredited nonprofit educational institution shall be liable 
     for infringement by reason of the transient or temporary 
     storage of material carried out through the automatic 
     technical process of a digital transmission of the 
     performance or display of that material as authorized under 
     paragraph (2). No such material stored on the system or 
     network controlled or operated by the transmitting body or 
     institution under this paragraph shall be maintained on such 
     system or network in a manner ordinarily accessible to anyone 
     other than anticipated recipients. No such copy shall be 
     maintained on the system or network in a manner ordinarily 
     accessible to such anticipated recipients for a longer period 
     than is reasonably necessary to facilitate the transmissions 
     for which it was made.''.
       (c) Ephemeral Recordings.--
       (1) In general.--Section 112 of title 17, United States 
     Code, is amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following:
       ``(f)(1) Notwithstanding the provisions of section 106, and 
     without limiting the application of subsection (b), it is not 
     an infringement of copyright for a governmental body or other 
     nonprofit educational institution entitled under section 
     110(2) to transmit a performance or display to make copies or 
     phonorecords of a work that is in digital form and, solely to 
     the extent permitted in paragraph (2), of a work that is in 
     analog form, embodying the performance or display to be used 
     for making transmissions authorized under section 110(2), 
     if--
       ``(A) such copies or phonorecords are retained and used 
     solely by the body or institution that made them, and no 
     further copies or phonorecords are reproduced from them, 
     except as authorized under section 110(2); and
       ``(B) such copies or phonorecords are used solely for 
     transmissions authorized under section 110(2).
       ``(2) This subsection does not authorize the conversion of 
     print or other analog versions of works into digital formats, 
     except that such conversion is permitted hereunder, only with 
     respect to the amount of such works authorized to be 
     performed or displayed under section 110(2), if--
       ``(A) no digital version of the work is available to the 
     institution; or
       ``(B) the digital version of the work that is available to 
     the institution is subject to technological protection 
     measures that prevent its use for section 110(2).''.
       (2) Technical and conforming amendment.--Section 802(c) of 
     title 17, United States Code, is amended in the third 
     sentence by striking ``section 112(f)'' and inserting 
     ``section 112(g)''.
       (d) Patent and Trademark Office Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act and after a period for public comment, 
     the Undersecretary of Commerce for Intellectual Property, 
     after consultation with the Register of Copyrights, shall 
     submit to the Committees on the Judiciary of the Senate and 
     the House of Representatives a report describing 
     technological protection systems that have been implemented, 
     are available for implementation, or are proposed to be 
     developed to protect digitized copyrighted works and prevent 
     infringement, including upgradeable and self-repairing 
     systems, and systems that have been developed, are being 
     developed, or are proposed to be developed in private 
     voluntary industry-led entities through an open broad based 
     consensus process. The report submitted to the Committees 
     shall not include any recommendations, comparisons, or 
     comparative assessments of any commercially available 
     products that may be mentioned in the report.
       (2) Limitations.--The report under this subsection--
       (A) is intended solely to provide information to Congress; 
     and
       (B) shall not be construed to affect in any way, either 
     directly or by implication, any provision of title 17, United 
     States Code, including the requirements of clause (ii) of 
     section 110(2)(D) of that title (as added by this subtitle), 
     or the interpretation or application of such provisions, 
     including evaluation of the compliance with that clause by 
     any governmental body or nonprofit educational institution.
               Subtitle D--Madrid Protocol Implementation

     SEC. 13401. SHORT TITLE.

       This subtitle may be cited as the ``Madrid Protocol 
     Implementation Act''.

[[Page H6627]]

     SEC. 13402. PROVISIONS TO IMPLEMENT THE PROTOCOL RELATING TO 
                   THE MADRID AGREEMENT CONCERNING THE 
                   INTERNATIONAL REGISTRATION OF MARKS.

       The Act entitled ``An Act to provide for the registration 
     and protection of trademarks used in commerce, to carry out 
     the provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946, as amended (15 
     U.S.C. 1051 and following) (commonly referred to as the 
     ``Trademark Act of 1946'') is amended by adding after 
     section 51 the following:

                    ``TITLE XII--THE MADRID PROTOCOL

     ``SEC. 60. DEFINITIONS.

       ``In this title:
       ``(1) Basic application.--The term `basic application' 
     means the application for the registration of a mark that has 
     been filed with an Office of a Contracting Party and that 
     constitutes the basis for an application for the 
     international registration of that mark.
       ``(2) Basic registration.--The term `basic registration' 
     means the registration of a mark that has been granted by an 
     Office of a Contracting Party and that constitutes the basis 
     for an application for the international registration of that 
     mark.
       ``(3) Contracting party.--The term `Contracting Party' 
     means any country or inter-governmental organization that is 
     a party to the Madrid Protocol.
       ``(4) Date of recordal.--The term `date of recordal' means 
     the date on which a request for extension of protection, 
     filed after an international registration is granted, is 
     recorded on the International Register.
       ``(5) Declaration of bona fide intention to use the mark in 
     commerce.--The term `declaration of bona fide intention to 
     use the mark in commerce' means a declaration that is signed 
     by the applicant for, or holder of, an international 
     registration who is seeking extension of protection of a mark 
     to the United States and that contains a statement that--
       ``(A) the applicant or holder has a bona fide intention to 
     use the mark in commerce;
       ``(B) the person making the declaration believes himself or 
     herself, or the firm, corporation, or association in whose 
     behalf he or she makes the declaration, to be entitled to use 
     the mark in commerce; and
       ``(C) no other person, firm, corporation, or association, 
     to the best of his or her knowledge and belief, has the right 
     to use such mark in commerce either in the identical form of 
     the mark or in such near resemblance to the mark as to be 
     likely, when used on or in connection with the goods of such 
     other person, firm, corporation, or association, to cause 
     confusion, mistake, or deception.
       ``(6) Extension of protection.--The term `extension of 
     protection' means the protection resulting from an 
     international registration that extends to the United States 
     at the request of the holder of the international 
     registration, in accordance with the Madrid Protocol.
       ``(7) Holder of an international registration.--A `holder' 
     of an international registration is the natural or juristic 
     person in whose name the international registration is 
     recorded on the International Register.
       ``(8) International application.--The term `international 
     application' means an application for international 
     registration that is filed under the Madrid Protocol.
       ``(9) International bureau.--The term `International 
     Bureau' means the International Bureau of the World 
     Intellectual Property Organization.
       ``(10) International register.--The term `International 
     Register' means the official collection of data concerning 
     international registrations maintained by the International 
     Bureau that the Madrid Protocol or its implementing 
     regulations require or permit to be recorded.
       ``(11) International registration.--The term `international 
     registration' means the registration of a mark granted under 
     the Madrid Protocol.
       ``(12) International registration date.--The term 
     `international registration date' means the date assigned to 
     the international registration by the International Bureau.
       ``(13) Madrid protocol.--The term `Madrid Protocol' means 
     the Protocol Relating to the Madrid Agreement Concerning the 
     International Registration of Marks, adopted at Madrid, 
     Spain, on June 27, 1989.
       ``(14) Notification of refusal.--The term `notification of 
     refusal' means the notice sent by the United States Patent 
     and Trademark Office to the International Bureau declaring 
     that an extension of protection cannot be granted.
       ``(15) Office of a contracting party.--The term `Office of 
     a Contracting Party' means--
       ``(A) the office, or governmental entity, of a Contracting 
     Party that is responsible for the registration of marks; or
       ``(B) the common office, or governmental entity, of more 
     than 1 Contracting Party that is responsible for the 
     registration of marks and is so recognized by the 
     International Bureau.
       ``(16) Office of origin.--The term `office of origin' means 
     the Office of a Contracting Party with which a basic 
     application was filed or by which a basic registration was 
     granted.
       ``(17) Opposition period.--The term `opposition period' 
     means the time allowed for filing an opposition in the United 
     States Patent and Trademark Office, including any extension 
     of time granted under section 13.

     ``SEC. 61. INTERNATIONAL APPLICATIONS BASED ON UNITED STATES 
                   APPLICATIONS OR REGISTRATIONS.

       ``(a) In General.--The owner of a basic application pending 
     before the United States Patent and Trademark Office, or the 
     owner of a basic registration granted by the United States 
     Patent and Trademark Office may file an international 
     application by submitting to the United States Patent and 
     Trademark Office a written application in such form, together 
     with such fees, as may be prescribed by the Director.
       ``(b) Qualified Owners.--A qualified owner, under 
     subsection (a), shall--
       ``(1) be a national of the United States;
       ``(2) be domiciled in the United States; or
       ``(3) have a real and effective industrial or commercial 
     establishment in the United States.

     ``SEC. 62. CERTIFICATION OF THE INTERNATIONAL APPLICATION.

       ``(a) Certification Procedure.--Upon the filing of an 
     application for international registration and payment of the 
     prescribed fees, the Director shall examine the international 
     application for the purpose of certifying that the 
     information contained in the international application 
     corresponds to the information contained in the basic 
     application or basic registration at the time of the 
     certification.
       ``(b) Transmittal.--Upon examination and certification of 
     the international application, the Director shall transmit 
     the international application to the International Bureau.

     ``SEC. 63. RESTRICTION, ABANDONMENT, CANCELLATION, OR 
                   EXPIRATION OF A BASIC APPLICATION OR BASIC 
                   REGISTRATION.

       ``With respect to an international application transmitted 
     to the International Bureau under section 62, the Director 
     shall notify the International Bureau whenever the basic 
     application or basic registration which is the basis for the 
     international application has been restricted, abandoned, or 
     canceled, or has expired, with respect to some or all of the 
     goods and services listed in the international registration--
       ``(1) within 5 years after the international registration 
     date; or
       ``(2) more than 5 years after the international 
     registration date if the restriction, abandonment, or 
     cancellation of the basic application or basic registration 
     resulted from an action that began before the end of that 5-
     year period.

     ``SEC. 64. REQUEST FOR EXTENSION OF PROTECTION SUBSEQUENT TO 
                   INTERNATIONAL REGISTRATION.

       ``The holder of an international registration that is based 
     upon a basic application filed with the United States Patent 
     and Trademark Office or a basic registration granted by the 
     Patent and Trademark Office may request an extension of 
     protection of its international registration by filing such a 
     request--
       ``(1) directly with the International Bureau; or
       ``(2) with the United States Patent and Trademark Office 
     for transmittal to the International Bureau, if the request 
     is in such form, and contains such transmittal fee, as may be 
     prescribed by the Director.

     ``SEC. 65. EXTENSION OF PROTECTION OF AN INTERNATIONAL 
                   REGISTRATION TO THE UNITED STATES UNDER THE 
                   MADRID PROTOCOL.

       ``(a) In General.--Subject to the provisions of section 68, 
     the holder of an international registration shall be entitled 
     to the benefits of extension of protection of that 
     international registration to the United States to the extent 
     necessary to give effect to any provision of the Madrid 
     Protocol.
       ``(b) If the United States Is Office of Origin.--Where the 
     United States Patent and Trademark Office is the office of 
     origin for a trademark application or registration, any 
     international registration based on such application or 
     registration cannot be used to obtain the benefits of the 
     Madrid Protocol in the United States.

     ``SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION OF 
                   PROTECTION OF AN INTERNATIONAL REGISTRATION TO 
                   THE UNITED STATES.

       ``(a) Requirement for Request for Extension of 
     Protection.--A request for extension of protection of an 
     international registration to the United States that the 
     International Bureau transmits to the United States Patent 
     and Trademark Office shall be deemed to be properly filed in 
     the United States if such request, when received by the 
     International Bureau, has attached to it a declaration of 
     bona fide intention to use the mark in commerce that is 
     verified by the applicant for, or holder of, the 
     international registration.
       ``(b) Effect of Proper Filing.--Unless extension of 
     protection is refused under section 68, the proper filing of 
     the request for extension of protection under subsection (a) 
     shall constitute constructive use of the mark, conferring the 
     same rights as those specified in section 7(c), as of the 
     earliest of the following:
       ``(1) The international registration date, if the request 
     for extension of protection was filed in the international 
     application.
       ``(2) The date of recordal of the request for extension of 
     protection, if the request for extension of protection was 
     made after the international registration date.
       ``(3) The date of priority claimed pursuant to section 67.

     ``SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTENSION OF 
                   PROTECTION TO THE UNITED STATES.

       ``The holder of an international registration with a 
     request for an extension of protection to the United States 
     shall be entitled to claim a date of priority based on a 
     right of priority within the meaning of Article 4 of the 
     Paris Convention for the Protection of Industrial Property 
     if--
       ``(1) the request for extension of protection contains a 
     claim of priority; and
       ``(2) the date of international registration or the date of 
     the recordal of the request for extension of protection to 
     the United States is not later than 6 months after the date 
     of the first regular national filing (within the meaning of 
     Article 4(A)(3) of the Paris Convention for the Protection of 
     Industrial Property) or a subsequent application (within the 
     meaning of Article

[[Page H6628]]

     4(C)(4) of the Paris Convention for the Protection of 
     Industrial Property).

     ``SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST FOR 
                   EXTENSION OF PROTECTION; NOTIFICATION OF 
                   REFUSAL.

       ``(a) Examination and Opposition.--(1) A request for 
     extension of protection described in section 66(a) shall be 
     examined as an application for registration on the Principal 
     Register under this Act, and if on such examination it 
     appears that the applicant is entitled to extension of 
     protection under this title, the Director shall cause the 
     mark to be published in the Official Gazette of the United 
     States Patent and Trademark Office.
       ``(2) Subject to the provisions of subsection (c), a 
     request for extension of protection under this title shall be 
     subject to opposition under section 13.
       ``(3) Extension of protection shall not be refused on the 
     ground that the mark has not been used in commerce.
       ``(4) Extension of protection shall be refused to any mark 
     not registrable on the Principal Register.
       ``(b) Notification of Refusal.--If, a request for extension 
     of protection is refused under subsection (a), the Director 
     shall declare in a notification of refusal (as provided in 
     subsection (c)) that the extension of protection cannot be 
     granted, together with a statement of all grounds on which 
     the refusal was based.
       ``(c) Notice to International Bureau.--(1) Within 18 months 
     after the date on which the International Bureau transmits to 
     the Patent and Trademark Office a notification of a request 
     for extension of protection, the Director shall transmit to 
     the International Bureau any of the following that applies to 
     such request:
       ``(A) A notification of refusal based on an examination of 
     the request for extension of protection.
       ``(B) A notification of refusal based on the filing of an 
     opposition to the request.
       ``(C) A notification of the possibility that an opposition 
     to the request may be filed after the end of that 18-month 
     period.
       ``(2) If the Director has sent a notification of the 
     possibility of opposition under paragraph (1)(C), the 
     Director shall, if applicable, transmit to the International 
     Bureau a notification of refusal on the basis of the 
     opposition, together with a statement of all the grounds for 
     the opposition, within 7 months after the beginning of the 
     opposition period or within 1 month after the end of the 
     opposition period, whichever is earlier.
       ``(3) If a notification of refusal of a request for 
     extension of protection is transmitted under paragraph (1) or 
     (2), no grounds for refusal of such request other than those 
     set forth in such notification may be transmitted to the 
     International Bureau by the Director after the expiration of 
     the time periods set forth in paragraph (1) or (2), as the 
     case may be.
       ``(4) If a notification specified in paragraph (1) or (2) 
     is not sent to the International Bureau within the time 
     period set forth in such paragraph, with respect to a request 
     for extension of protection, the request for extension of 
     protection shall not be refused and the Director shall issue 
     a certificate of extension of protection pursuant to the 
     request.
       ``(d) Designation of Agent for Service of Process.--In 
     responding to a notification of refusal with respect to a 
     mark, the holder of the international registration of the 
     mark may designate, by a document filed in the United States 
     Patent and Trademark Office, the name and address of a person 
     residing in the United States on whom notices or process in 
     proceedings affecting the mark may be served. Such notices or 
     process may be served upon the person designated by leaving 
     with that person, or mailing to that person, a copy thereof 
     at the address specified in the last designation filed. If 
     the person designated cannot be found at the address given in 
     the last designation, or if the holder does not designate by 
     a document filed in the United States Patent and Trademark 
     Office the name and address of a person residing in the 
     United States for service of notices or process in 
     proceedings affecting the mark, the notice or process may be 
     served on the Director.

     ``SEC. 69. EFFECT OF EXTENSION OF PROTECTION.

       ``(a) Issuance of Extension of Protection.--Unless a 
     request for extension of protection is refused under section 
     68, the Director shall issue a certificate of extension of 
     protection pursuant to the request and shall cause notice of 
     such certificate of extension of protection to be published 
     in the Official Gazette of the United States Patent and 
     Trademark Office.
       ``(b) Effect of Extension of Protection.--From the date on 
     which a certificate of extension of protection is issued 
     under subsection (a)--
       ``(1) such extension of protection shall have the same 
     effect and validity as a registration on the Principal 
     Register; and
       ``(2) the holder of the international registration shall 
     have the same rights and remedies as the owner of a 
     registration on the Principal Register.

     ``SEC. 70. DEPENDENCE OF EXTENSION OF PROTECTION TO THE 
                   UNITED STATES ON THE UNDERLYING INTERNATIONAL 
                   REGISTRATION.

       ``(a) Effect of Cancellation of International 
     Registration.--If the International Bureau notifies the 
     United States Patent and Trademark Office of the cancellation 
     of an international registration with respect to some or all 
     of the goods and services listed in the international 
     registration, the Director shall cancel any extension of 
     protection to the United States with respect to such goods 
     and services as of the date on which the international 
     registration was canceled.
       ``(b) Effect of Failure To Renew International 
     Registration.--If the International Bureau does not renew an 
     international registration, the corresponding extension of 
     protection to the United States shall cease to be valid as of 
     the date of the expiration of the international registration.
       ``(c) Transformation of an Extension of Protection Into a 
     United States Application.--The holder of an international 
     registration canceled in whole or in part by the 
     International Bureau at the request of the office of origin, 
     under article 6(4) of the Madrid Protocol, may file an 
     application, under section 1 or 44 of this Act, for the 
     registration of the same mark for any of the goods and 
     services to which the cancellation applies that were covered 
     by an extension of protection to the United States based on 
     that international registration. Such an application shall be 
     treated as if it had been filed on the international 
     registration date or the date of recordal of the request for 
     extension of protection with the International Bureau, 
     whichever date applies, and, if the extension of protection 
     enjoyed priority under section 67 of this title, shall enjoy 
     the same priority. Such an application shall be entitled to 
     the benefits conferred by this subsection only if the 
     application is filed not later than 3 months after the date 
     on which the international registration was canceled, in 
     whole or in part, and only if the application complies with 
     all the requirements of this Act which apply to any 
     application filed pursuant to section 1 or 44.

     ``SEC. 71. AFFIDAVITS AND FEES.

       ``(a) Required Affidavits and Fees.--An extension of 
     protection for which a certificate of extension of protection 
     has been issued under section 69 shall remain in force for 
     the term of the international registration upon which it is 
     based, except that the extension of protection of any mark 
     shall be canceled by the Director--
       ``(1) at the end of the 6-year period beginning on the date 
     on which the certificate of extension of protection was 
     issued by the Director, unless within the 1-year period 
     preceding the expiration of that 6-year period the holder of 
     the international registration files in the Patent and 
     Trademark Office an affidavit under subsection (b) together 
     with a fee prescribed by the Director; and
       ``(2) at the end of the 10-year period beginning on the 
     date on which the certificate of extension of protection was 
     issued by the Director, and at the end of each 10-year period 
     thereafter, unless--
       ``(A) within the 6-month period preceding the expiration of 
     such 10-year period the holder of the international 
     registration files in the United States Patent and Trademark 
     Office an affidavit under subsection (b) together with a fee 
     prescribed by the Director; or
       ``(B) within 3 months after the expiration of such 10-year 
     period, the holder of the international registration files in 
     the Patent and Trademark Office an affidavit under subsection 
     (b) together with the fee described in subparagraph (A) and 
     the surcharge prescribed by the Director.
       ``(b) Contents of Affidavit.--The affidavit referred to in 
     subsection (a) shall set forth those goods or services 
     recited in the extension of protection on or in connection 
     with which the mark is in use in commerce and the holder of 
     the international registration shall attach to the affidavit 
     a specimen or facsimile showing the current use of the mark 
     in commerce, or shall set forth that any nonuse is due to 
     special circumstances which excuse such nonuse and is not due 
     to any intention to abandon the mark. Special notice of the 
     requirement for such affidavit shall be attached to each 
     certificate of extension of protection.
       ``(c) Notification.--The Director shall notify the holder 
     of the international registration who files 1 of the 
     affidavits of the Director's acceptance or refusal thereof 
     and, in case of a refusal, the reasons therefor.
       ``(d) Service of Notice or Process.--The holder of the 
     international registration of the mark may designate, by a 
     document filed in the United States Patent and Trademark 
     Office, the name and address of a person residing in the 
     United States on whom notices or process in proceedings 
     affecting the mark may be served. Such notices or process may 
     be served upon the person so designated by leaving with that 
     person, or mailing to that person, a copy thereof at the 
     address specified in the last designation so filed. If the 
     person designated cannot be found at the address given in the 
     last designation, or if the holder does not designate by a 
     document filed in the United States Patent and Trademark 
     Office the name and address of a person residing in the 
     United States for service of notices or process in 
     proceedings affecting the mark, the notice or process may be 
     served on the Director.

     ``SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION.

       ``An extension of protection may be assigned, together with 
     the goodwill associated with the mark, only to a person who 
     is a national of, is domiciled in, or has a bona fide and 
     effective industrial or commercial establishment either in a 
     country that is a Contracting Party or in a country that is a 
     member of an intergovernmental organization that is a 
     Contracting Party.

     ``SEC. 73. INCONTESTABILITY.

       ``The period of continuous use prescribed under section 15 
     for a mark covered by an extension of protection issued under 
     this title may begin no earlier than the date on which the 
     Director issues the certificate of the extension of 
     protection under section 69, except as provided in section 
     74.

     ``SEC. 74. RIGHTS OF EXTENSION OF PROTECTION.

       ``When a United States registration and a subsequently 
     issued certificate of extension of protection to the United 
     States are owned by the

[[Page H6629]]

     same person, identify the same mark, and list the same goods 
     or services, the extension of protection shall have the same 
     rights that accrued to the registration prior to issuance of 
     the certificate of extension of protection.''.

     SEC. 13403. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect on the later of--
       (1) the date on which the Madrid Protocol (as defined in 
     section 60 of the Trademark Act of 1946) enters into force 
     with respect to the United States; or
       (2) the date occurring 1 year after the date of enactment 
     of this Act.
         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

     SEC. 14101. SHORT TITLE.

       This title may be cited as the ``Antitrust Technical 
     Corrections Act of 2002''.

     SEC. 14102. AMENDMENTS.

       (a) Panama Canal Act.--Section 11 of the Panama Canal Act 
     (37 Stat. 566; 15 U.S.C. 31) is amended by striking the 
     undesignated paragraph that begins ``No vessel permitted''.
       (b) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 
     3) is amended--
       (1) by inserting ``(a)'' after ``Sec. 3.''; and
       (2) by adding at the end the following:
       ``(b) Every person who shall monopolize, or attempt to 
     monopolize, or combine or conspire with any other person or 
     persons, to monopolize any part of the trade or commerce in 
     any Territory of the United States or of the District of 
     Columbia, or between any such Territory and another, or 
     between any such Territory or Territories and any State or 
     States or the District of Columbia, or with foreign nations, 
     or between the District of Columbia, and any State or States 
     or foreign nations, shall be deemed guilty of a felony, and, 
     on conviction thereof, shall be punished by fine not 
     exceeding $10,000,000 if a corporation, or, if any other 
     person, $350,000, or by imprisonment not exceeding three 
     years, or by both said punishments, in the discretion of 
     the court.''.
       (c) Wilson Tariff Act.--
       (1) Technical amendment.--The Wilson Tariff Act (28 Stat. 
     509; 15 U.S.C. 8 et seq.) is amended--
       (A) by striking section 77; and
       (B) in section 78--
       (i) by striking ``76, and 77'' and inserting ``and 76''; 
     and
       (ii) by redesignating such section as section 77.
       (2) Conforming amendments to other laws.--
       (A) Clayton act.--Subsection (a) of the 1st section of the 
     Clayton Act (15 U.S.C. 12(a)) is amended by striking 
     ``seventy-seven'' and inserting ``seventy-six''.
       (B) Federal trade commission act.--Section 4 of the Federal 
     Trade Commission Act (15 U.S.C. 44) is amended by striking 
     ``77'' and inserting ``76''.
       (C) Packers and stockyards act, 1921.--Section 405(a) of 
     the Packers and Stockyards Act, 1921 (7 U.S.C. 225(a)) is 
     amended by striking ``77'' and inserting ``76''.
       (D) Atomic energy act of 1954.--Section 105 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2135) is amended by striking 
     ``seventy-seven'' and inserting ``seventy-six''.
       (E) Deep seabed hard mineral resources act.--Section 
     103(d)(7) of the Deep Seabed Hard Mineral Resources Act (30 
     U.S.C. 1413(d)(7)) is amended by striking ``77'' and 
     inserting ``76''.
       (d) Clayton Act.--The first section 27 of the Clayton Act 
     (15 U.S.C. 27) is redesignated as section 28 and is 
     transferred so as to appear at the end of such Act.
       (e) Year 2000 Information and Readiness Disclosure Act.--
     Section 5(a)(2) of the Year 2000 Information and Readiness 
     Disclosure Act (Public Law 105-271) is amended by inserting a 
     period after ``failure''.
       (f) Act of March 3, 1913.--The Act of March 3, 1913 
     (chapter 114, 37 Stat. 731; 15 U.S.C. 30) is repealed.
       (g) Repeal.--Section 116 of the Act of November 19, 2001 is 
     repealed.

     SEC. 14103. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this subtitle and the amendments made by this subtitle shall 
     take effect on the date of enactment of this Act.
       (b) Application to Cases.--(1) Section 14102(f) shall apply 
     to cases pending on or after the date of the enactment of 
     this Act.
       (2) The amendments made by subsections (a), (b), and (c) of 
     section 14102 shall apply only with respect to cases 
     commenced on or after the date of enactment of this Act.

       And the Senate agree to the same.

     From the Committee on the Judiciary, for consideration of the 
     House bill and the Senate amendment, and modifications 
     committed to conference:
     F. James Sensenbrenner,
     Henry Hyde,
     George W. Gekas,
     J. Howard Coble,
     Lamar Smith,
     Elton Gallegly,
     John Conyers, Jr.,
     Barney Frank,
     Bobby Scott,
     Tammy Baldwin,
       (Provided, That Mr. Berman is appointed in lieu of Ms. 
     Baldwin for consideration of sec. 312 of the Senate 
     amendment, and modifications committed to conference.)
     Howard Berman
     From the Committee on Energy and Commerce, for consideration 
     of secs. 2203-6, 2206, 2210, 2801, 2901-2911, 2951, 4005, and 
     title VIII of the Senate amendment, and modifications 
     committed to conference:
     Billy Tauzin,
     Michael Bilirakis,
     John D. Dingell,
     From the Committee on Education and the Workforce, for 
     consideration of secs. 2207, 2301, 2302, 2311, 2321-4, and 
     2331-4 of the Senate amendment, and modifications committed 
     to conference:
     Peter Hoekstra,
     Michael N. Castle,
     George Miller,
                                Managers on the Part of the House.

     Patrick Leahy,
     Ted Kennedy,
     Orrin Hatch,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill, H.R. 2215, the 21st 
     Century Department of Justice Appropriations Authorization 
     Act, to authorize appropriations for the Department of 
     Justice for fiscal year 2002, and for other purposes, submit 
     the following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The Senate amendment struck the entire House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.
     Section 1. Short title and table of contents
       Section 1 provides that the short title of the Act shall be 
     the 21st Century Department of Justice Appropriations 
     Authorization Act, as well as the Table of Contents.

     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

     Section 101. Specific sums authorized to be appropriated for 
         fiscal year 2002
       Section 101 authorizes appropriations to carry out the work 
     of the various components of the Department of Justice for 
     fiscal year 2002. The structure of section 101 mirrors the 
     organization of the annual Commerce-Justice-State (CJS) 
     appropriations bill and the President's budget request. The 
     section authorizes the appropriations of amounts requested by 
     the President in most accounts and as enacted in Public Law 
     107-77. This provision is similar to section 101 of the House 
     bill. The accounts, and the activities and components that 
     each would fund, are as follows:
       General Administration--$92,668,000.--For the leadership 
     offices of the Department (including the offices of the 
     Attorney General and Deputy Attorney General) and the Justice 
     Management Division, Executive Support Program, Intelligence 
     Policy, Office of Professional Responsibility, and General 
     Administration.
       Administrative Review and Appeals--$173,647,000.--For the 
     Executive Office for Immigration Review and the Office of the 
     Pardon Attorney.
       Office of Inspector General--$50,735,000.--For the 
     investigation of allegations of violations of criminal and 
     civil statutes, regulations, and ethical standards by 
     Department employees, and for the new position of Deputy 
     Inspector General to oversee the Federal Bureau of 
     Investigation. This amount is $10 million above the 
     President's request. The IG's Office has been severely 
     downsized over the last several years from approximately 460 
     to 360 full-time equivalents. Oversight is a priority and 
     this level of funding should get the IG back on the path of 
     meeting the audit and oversight needs of the Department. The 
     Committee expects that the OIG will substantially increase 
     its oversight of the FBI, INS, and the Department's grant 
     programs.
       General Legal Activities--$549,176,000.--For the conduct of 
     the legal activities of the Department. This includes the 
     Office of Solicitor General, Tax Division, Criminal Division, 
     Civil Division, Environment and Natural Resources Division, 
     Civil Rights Division, Office of Legal Counsel, Interpol, 
     Legal Activities Office Automation, and Office of Dispute 
     Resolution. The authorization includes not less than 
     $4,000,000 to augment the investigation and prosecution of 
     denaturalization and deportation cases involving alleged Nazi 
     war criminals.
       Antitrust Division--$140,973,000.--For decreasing 
     anticompetitive behavior among U.S. businesses and increasing 
     the competitiveness of the national and international 
     business environment.
       United States Attorneys--$1,353,968,000.--For the 94 U.S. 
     Attorneys and their offices and the Executive Office of U.S. 
     Attorneys. The U.S. Attorneys represent the United States in 
     the vast majority of criminal and civil cases handled by the 
     Justice Department. The authorization includes not less than

[[Page H6630]]

     $10,000,000 to augment the investigation and prosecution of 
     intellectual property crimes, including software 
     counterfeiting crimes and crimes identified in the No 
     Electronic Theft (NET) Act (Public Law 105-147).
       Federal Bureau of Investigation--$3,524,864,000.--For the 
     detection, investigation, and prosecution of crimes against 
     the United States. The FBI is also authorized by Executive 
     Order to protect against foreign intelligence and 
     international terrorist activities and, in certain 
     circumstances, to collect foreign intelligence.
       United States Marshals Service--$648,696,000.--To protect 
     the Federal courts and its personnel and to ensure the 
     effective operation of the Federal judicial system, of which 
     no more than $15,000,000 may be used for construction.
       Federal Prison System--$4,622,152,000.--For the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions.
       Federal Prison Detention--$706,182,000.--For the support of 
     U.S. prisoners in non-Federal institutions, as authorized by 
     18 U.S.C. 4013(a).
       Drug Enforcement Agency--$1,481,783,000.--To enforce the 
     controlled substance laws and regulations of the United 
     States and to recommend and support nonenforcement programs 
     aimed at reducing the availability of illicit controlled 
     substances on the domestic and international markets.
       Immigration and Naturalization Service--$3,499,854,000.--
     For the administration and enforcement of the laws relating 
     to immigration, naturalization, and alien registration, of 
     which no more than $2,739,695,000 for salaries and expenses 
     and border affairs, no more than $631,745,000 for salaries 
     and expenses of citizenship and benefits, and no more than 
     $128,454,000 for construction.
       Fees and Expenses of Witnesses--$156,145,000.--For fees and 
     expenses associated with providing witness testimony on 
     behalf of the United States, expert witnesses, and private 
     counsel for Government employees who have been sued, charged, 
     or subpoenaed for actions taken while performing their 
     official duties.
       Interagency Crime and Drug Enforcement--$338,577,000.--For 
     the detection, investigation, and prosecution of individuals 
     involved in organized crime drug trafficking.
       Foreign Claims Settlement Commission--$1,136,000.--To 
     adjudicate claims of U.S. nationals against foreign 
     governments under jurisdiction conferred by the International 
     Claims Settlement Act of 1949, as amended, and other 
     authorizing legislation.
       Community Relations Service (CRS)--$9,269,000.--To assist 
     communities in preventing violence and resolving conflicts 
     arising from racial and ethnic tensions and to develop the 
     capacity of such communities to address these conflicts 
     without external assistance. CRS activities are conducted in 
     accordance with title X of the Civil Rights Act of 1964.
       Assets Forfeiture Fund--$22,949,000.--To provide a stable 
     source of resources to cover the costs of the asset seizure 
     and forfeiture program, including the costs of seizing, 
     evaluating, inventorying, maintaining, protecting, 
     advertising, forfeiting, and disposing of property.
       United States Parole Commission--$9,876,000.--For the 
     activities of the U.S. Parole Commission. The Commission has 
     jurisdiction over all Federal prisoners eligible for parole, 
     wherever confined, and continuing jurisdiction over those who 
     are released on parole or as if on parole.
       Federal Detention Trustee--$1,000,000.--For necessary 
     expenses to exercise all power and functions authorized by 
     law relating to the detention of Federal prisoners in non-
     Federal institutions or otherwise in the custody of the U.S. 
     Marshals Service; and the detention of aliens in the custody 
     of the Immigration and Naturalization Service.
       Joint Automated Booking System--$1,000,000.--For expenses 
     necessary for the nationwide deployment of a Joint Automated 
     Booking System including automated capability to transmit 
     fingerprint and image data.
       Narrowband Communications--$94,615,000.--For the costs of 
     conversion to narrowband communications, including the cost 
     for operation and maintenance of Land Mobile Radio legacy 
     systems.
       Radiation Exposure Compensation.--such sums as necessary--
     For administrative expenses in accordance with the Radiation 
     Exposure Compensation Act.
       Counterterrorism Fund--$4,989,000.--For the reimbursement 
     of costs authorized by section 101 of the USA PATRIOT Act 
     (Public Law 107-56).
       Office of Justice Programs--$132,862,000.--For necessary 
     administrative expenses of the Office of Justice Programs.
       Section 102. Specific sums authorized to be appropriated 
     for fiscal year 2003
       Section 102 authorizes appropriations to carry out the work 
     of the various components of the Department of Justice for 
     fiscal year 2003. The conferees added this section to the 
     conference report to reflect the President's budget request 
     for fiscal year 2003, which was released after passage of the 
     House and Senate bills. There are authorized to be 
     appropriated for fiscal year 2003, to carry out the 
     activities of the Department of Justice (including any 
     bureau, office, board, division, commission, subdivision, 
     unit, or other component thereof), the following sums:
       General Administration.--$121,079,000.--For the leadership 
     offices of the Department (including the offices of the 
     Attorney General and Deputy Attorney General) and the Justice 
     Management Division, Executive Support Program, Intelligence 
     Policy, Office of Professional Responsibility, and General 
     Administration.
       Administrative Review and Appeals.--$198,869,000.--For the 
     Executive Office for Immigration Review and the Office of the 
     Pardon Attorney.
       Office of Inspector General.--$66,288,000.--For the 
     investigation of allegations of violations of criminal and 
     civil statutes, regulations, and ethical standards by 
     Department employees, and for the new position of Deputy 
     Inspector General to oversee the Federal Bureau of 
     Investigation.
       General Legal Activities.--$659,181,000.--For the conduct 
     of the legal activities of the Department. This includes the 
     Office of Solicitor General, Tax Division, Criminal Division, 
     Civil Division, Environment and Natural Resources Division, 
     Civil Rights Division, Office of Legal Counsel, Interpol, 
     Legal Activities Office Automation, and Office of Dispute 
     Resolution. The authorization includes not less than 
     $4,000,000 to augment the investigation and prosecution of 
     denaturalization and deportation cases involving alleged Nazi 
     war criminals.
       Antitrust Division.--$141,855,000.--For decreasing 
     anticompetitive behavior among U.S. businesses and increasing 
     the competitiveness of the national and international 
     business environment.
       United States Attorneys.--$1,550,948,000.--For the 94 U.S. 
     Attorneys and their offices and the Executive Office of U.S. 
     Attorneys. The U.S. Attorneys represent the United States in 
     the vast majority of criminal and civil cases handled by the 
     Justice Department. The authorization includes not less than 
     $10,000,000 to augment the investigation and prosecution of 
     intellectual property crimes, including software 
     counterfeiting crimes and crimes identified in the No 
     Electronic Theft (NET) Act (Public Law 105-147).
       Federal Bureau of Investigation.--$4,323,912,000.--For the 
     detection, investigation, and prosecution of crimes against 
     the United States. The FBI is also authorized by Executive 
     Order to protect against foreign intelligence and 
     international terrorist activities and, in certain 
     circumstances, to collect foreign intelligence.
       United States Marshals Service.--$737,346,000.--To protect 
     the Federal courts and its personnel and to ensure the 
     effective operation of the Federal judicial system, of which 
     no more than $6,621,000 may be used for construction.
       Federal Prison System.--$4,605,068,000.--For the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions.
       Drug Enforcement Administration.--$1,582,044,000.--To 
     enforce the controlled substance laws and regulations of the 
     United States and to recommend and support nonenforcement 
     programs aimed at reducing the availability of illicit 
     controlled substances on the domestic and international 
     markets.
       Immigration and Naturalization Service.--$4,131,811,000. 
     For the administration and enforcement of the laws relating 
     to immigration, naturalization, and alien registration, of 
     which no more than $3,253,561,000 for salaries and expenses 
     of Border Patrol; no more than $88,598,000 for salaries and 
     expenses of immigration services, including international 
     services; and no more than $789,652,000 for salaries and 
     expenses for support and administration.
       School Compliance with INS Regulations: Designated School 
     Officials (DSO) Certification. The conferees strongly endorse 
     a plan for the INS to implement after January 31, 2003, a 
     comprehensive training program for DSOs. This program should 
     educate DSOs on their professional responsibilities with 
     regards to IIRIRA, the USA PATRIOT Act and SEVIS and should 
     employ a testing mechanism to verify this understanding. In 
     addition, the training system should include a mechanism for 
     creating a ``professional register'' of DSOs who have 
     completed the requisite training and are, therefore, eligible 
     to perform this vital function. It is recommended that the 
     program be outsourced to a private-sector company with the 
     ability to implement such a program effectively, rapidly and 
     at little or no cost to the Federal Government.
       Fees and Expenses of Witnesses.--$156,145,000.--For fees 
     and expenses associated with providing witness testimony on 
     behalf of the United States, expert witnesses, and private 
     counsel for Government employees who have been sued, charged, 
     or subpoenaed for actions taken while performing their 
     official duties.
       Interagency Crime and Drug Enforcement.--$362,131,000.--For 
     the detection, investigation, and prosecution of individuals 
     involved in organized crime drug trafficking.
       Foreign Claims Settlement Commission.--$1,194,000.--To 
     adjudicate claims of U.S. nationals against foreign 
     governments under jurisdiction conferred by the International 
     Claims Settlement Act of 1949, as amended, and other 
     authorizing legislation.
       Community Relations Service.--$10,732,000.--To assist 
     communities in preventing violence and resolving conflicts 
     arising from racial and ethnic tensions and to develop the 
     capacity of such communities to address these conflicts 
     without external assistance. CRS activities are conducted in 
     accordance with title X of the Civil Rights Act of 1964. The 
     increased authorization provided by this section is intended 
     to support the addition of six full-time employees to 
     accommodate the

[[Page H6631]]

     expansion of the Community Relations Service's efforts to 
     address heightened tension and potential for conflict in many 
     communities in the wake of the September 11, 2001 attacks on 
     the United States.
       Assets Forfeiture Fund.--$22,949,000.--To provide a stable 
     source of resources to cover the costs of the asset seizure 
     and forfeiture program, including the costs of seizing, 
     evaluating, inventorying, maintaining, protecting, 
     advertising, forfeiting, and disposing of property.
       United States Parole Commission.--$11,355,000.--For the 
     activities of the U.S. Parole Commission. The Commission has 
     jurisdiction over all Federal prisoners eligible for 
     parole, wherever confined, and continuing jurisdiction 
     over those who are released on parole or as if on parole.
       Federal Detention Trustee.--$1,388,583,000.--For necessary 
     expenses to exercise all power and functions authorized by 
     law relating to the detention of Federal prisoners in non-
     Federal institutions or otherwise in the custody of the U.S. 
     Marshals Service; and the detention of aliens in the custody 
     of the Immigration and Naturalization Service.
       Identification System Integration.--$24,505,000.--For 
     expenses necessary for the operation of the Identification 
     System Integration.
       Narrowband Communications.--$149,292,000.--For the costs of 
     conversion to narrowband communications, including the cost 
     for operation and maintenance of Land Mobile Radio legacy 
     systems.
       Radiation Exposure Compensation.--such sums as necessary.--
     For administrative expenses in accordance with the Radiation 
     Exposure Compensation Act.
       Counterterrorism Fund.--$35,000,000.--For the reimbursement 
     of costs authorized by section 101 of the USA PATRIOT Act 
     (Public Law 107-56).
       Office of Justice Programs.--$215,811,000.--For 
     administrative expenses not otherwise provided for, of the 
     Office of Justice Programs.
       Legal Activities Office.--$15,942,000.--For necessary 
     expenses related to office automation.
     Section 103. Appointment of additional Assistant United 
         States Attorneys; reduction of certain litigation 
         positions
       This section authorizes the Attorney General to transfer 
     200 additional Assistant U.S. Attorneys from among the six 
     litigating divisions at the Justice Department's headquarters 
     (Main Justice) in Washington, DC., to the various U.S. 
     Attorneys offices around the country. Vacant positions 
     resulting from transfers pursuant to this section will be 
     terminated. This section is intended to raise the 
     productivity of Washington--based lawyers, who litigate 
     criminal and civil cases across the nation for the Justice 
     Department, by moving them to the field. Litigating attorneys 
     for the Government are most effective in the Federal judicial 
     district where their cases are pending. The appointment 
     authorization is at the discretion of the Attorney General. 
     This provision is identical to section 101 of the Senate bill 
     and similar to section 102 of the House bill.
     Section 104. Authorization of Additional Assistant United 
         States Attorneys for project safe neighborhoods
       This section authorizes an additional Assistant United 
     States Attorney in each of the 94 U.S. Attorney Offices to 
     implement part of the Administration's Project Safe 
     Neighborhoods proposal to reduce school gun violence across 
     the Nation. These prosecutors will assist in targeting 
     juveniles who obtain weapons and commit violent crimes, as 
     well as the adults who place firearms in the hands of 
     juveniles. This provision is identical to section 102 of the 
     Senate bill.

                TITLE II--PERMANENT ENABLING PROVISIONS

     Section 201. Permanent authority
       Section 201 amends chapter 31 of title 28, United States 
     Code, by creating a new section, ``530C''. This section 
     details permitted uses of available funds by the Attorney 
     General to carry out the activities of the Justice 
     Department. General permitted uses of available funds 
     include:
       Payment for motor vehicles, boats, and aircraft;
       Payment for service of experts and consultants, and payment 
     for private counsel;
       Payment for official reception and representation expenses 
     and public tours;
       Payment of unforeseen emergencies of a confidential 
     character;
       Payment of miscellaneous and emergency expenses;
       Payment of certain travel and attendance expenses;
       Payment of contracts for personal services abroad;
       Payment of interpreters and translators;
       Payment for uniforms;
       Payment for primary and secondary schooling of dependents 
     of personnel stationed overseas; and
       Payment for rewards, including authority for terrorism-
     related rewards previously authorized by the USA PATRIOT Act 
     (Public Law 107-56));
       Specific permitted uses of available funds include:
       Payment for aircraft and boats;
       Payment for ammunition, firearms, and firearm competitions; 
     and
       Payment for construction of certain facilities.
       The use of funds appropriated for Fees and Expenses of 
     Witnesses is limited to certain expenses and the construction 
     of witness safesites. The use of funds appropriated for the 
     Federal Bureau of Investigation is limited to the detection, 
     investigation, and prosecution of crimes against the United 
     States. The use of funds appropriated for the Immigration and 
     Naturalization Service is limited to general Immigration and 
     Naturalization Service activities. The use of appropriated 
     funds for the Federal Prison System is limited to general 
     function of the Federal Prison System. The use of 
     appropriated funds for the Detention Trustee is limited to 
     the functions authorized by law relating to the detention of 
     Federal prisoners in non--Federal institutions or otherwise 
     in the custody of the U.S. Marshals Service and for the 
     detention of aliens in the custody of the INS.
       The Attorney General is prohibited from compensating 
     employed attorneys who are not duly licensed and authorized 
     to practice under the law of a State, U.S. territory, or the 
     District of Columbia. And reimbursement payments to 
     governmental units of the Department of Justice, other 
     Federal entities, or State or local governments are limited 
     to uses permitted by the authority permitting such 
     reimbursement payment.
       The section also permits the FBI and other components of 
     the Department of Justice to enter into cooperative projects 
     with foreign countries to improve law enforcement or 
     intelligence operations and to authorize the Attorney General 
     to charge and collect a fee for training of railroad police 
     officers. In addition, the section authorizes the Attorney 
     General to seek reimbursement of warranty work performed at 
     Department of Justice facilities. The administration 
     requested these provisions in its budget submissions for 
     fiscal year 2002 and fiscal year 2003. This provision is 
     similar to section 201 of the Senate and House bills.
     Section 202. Permanent authority relating to enforcement of 
         laws
       Section 202 amends chapter 31 of title 28, United States 
     Code, by creating a new section, ``530D'' relating to 
     reporting on the enforcement of laws. This section directs 
     the Attorney General to report to Congress in any case in 
     which the Attorney General, the President, head of executive 
     agency, or military department:
       (1) Establishes a policy to refrain from enforcing any 
     provision of a Federal statute, rule, regulation, program, 
     policy, or other law within the responsibility of the 
     Attorney General;
       (2) Refrains from adhering to, enforcing, applying, or 
     complying with any other judicial determination or other 
     statute, rule, regulation, program, or policy within the 
     responsibility of the Attorney General;
       (3) Decides to contest in any judicial, administrative, or 
     other proceeding, the constitutionality of any provision of 
     any Federal statute, rule, regulation, program, policy, or 
     other law;
       (4) Refrains from defending or asserting, in any judicial, 
     administrative, or other proceeding, the constitutionality of 
     any provision of any Federal statute, rule, regulation, 
     program, policy, or other law, or not to appeal or request 
     review of any judicial, administrative, or other 
     determination adversely affecting the constitutionality of 
     such provision when the constitutionality of the provision is 
     challenged; or
       (5) When the Attorney General approves the settlement or 
     compromise of any claim, suit or other action against the 
     United States for more than $2,000,000 (excluding prejudgment 
     interest) or for certain injunctive relief against the 
     Government that is likely to exceed three years.
       Each report, which is subject to certain time and content 
     requirements, must be submitted to the Majority and Minority 
     Leaders of the Senate, the Speaker of the House, House 
     Majority Leader, House Minority Leader, and the Chairman and 
     ranking minority member of the Senate and House Committees 
     on the Judiciary, the Senate Legal Counsel and the General 
     Counsel of the House of Representatives. Section 202 also 
     includes a number of conforming amendments.
       This provision is similar to section 202 of the Senate and 
     House bills.
     Section 203. Miscellaneous uses of funds; technical 
         amendments
       Section 203 provides technical amendments to the Bureau of 
     Justice Assistance grant programs in title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968. It also makes 
     minor amendments to the amount available to compensate 
     attorneys specially retained by the Attorney General. This 
     provision is identical to section 203 of the Senate bill and 
     similar to section 204 House bill.
     Section 204. Technical and miscellaneous amendments to 
         Department of Justice authorities; authority to transfer 
         property of marginal value; recordkeeping; protection of 
         the Attorney General
       Section 204 makes technical amendments to section 524(c) of 
     title 28, United States Code, clarifies the Attorney 
     General's authority to transfer property of marginal value, 
     and requires the use of standard criteria for the purpose of 
     categorizing offenders, victims, actors, and those acted upon 
     in any data, records, or other information acquired, 
     collected, classified, preserved, or published by the 
     Attorney General for any statistical, research, or other 
     aggregate reporting purpose. It also requires the Attorney 
     General to notify Congress in writing of any civil asset 
     forfeiture award greater than

[[Page H6632]]

     $500,000. This section further makes several clerical and 
     technical amendments to title 28, United States Code. In 
     addition, this section adds authority to ensure that no 
     inference is created that the Government is liable for 
     interest on certain retroactive payments made by the 
     Department of Justice, and to improve financial systems and 
     debt-collection activities. This provision is identical to 
     section 204 of the Senate bill and similar to section 205 of 
     the House bill.
     Section 205. Oversight; waste, fraud, and abuse within the 
         Department of Justice
       Section 205 amends section 529 of title 28, United States 
     Code, to require the Attorney General to submit an annual 
     report to the House and Senate Committees on the Judiciary 
     describing:
       Every grant, cooperative agreement, or programmatic 
     services contract that was made, entered into, awarded, or 
     supplemented in the immediately preceding fiscal year by or 
     on behalf of the Office of Justice Programs (other than one 
     made to a governmental entity, pursuant to a statutory 
     formula); and
       A report on every grant, cooperative agreement, or 
     programmatic services contract made, entered into, awarded, 
     or supplemented by or on behalf of the Office of Justice 
     Programs that was terminated or that otherwise ended in the 
     immediately preceding fiscal year (other than one made to a 
     governmental entity, pursuant to a statutory formula).
       In addition, section 205 amends the Anti-Lobbying Act to 
     expand its coverage to all legislative activity at the 
     Federal and State level and establishes a new reporting 
     requirement on the enforcement and prosecution of copyright 
     infringements, along with a number of conforming amendments. 
     This provision is similar to section 205 of the Senate bill 
     and section 206 of the House bill.
     Section 206. Enforcement of Federal criminal laws by Attorney 
         General
       Section 206 provides clarifying amendments to title 28, 
     United States Code, relating to the enforcement of Federal 
     criminal law. This provision is identical to section 206 of 
     the Senate bill and section 207 of the House bill.
     Section 207. Strengthening law enforcement in United States 
         territories, commonwealths, and possessions
       Section 207 allows the payment of a retention bonus and 
     other extended assignment incentives to retain law 
     enforcement personnel in U.S. territories, commonwealths and 
     possessions. This new authority is needed to continue the 
     fight against drug and crime problems in these areas. This 
     provision is identical to section 208 of the Senate bill.

                        TITLE III--MISCELLANEOUS

     Section 301. Repealers
       Section 301 repeals open-ended authorizations of 
     appropriations for the National Institute of Corrections and 
     the U.S. Marshals Service and redundant authorizations for 
     payment of rewards. This provision is similar to section 301 
     of the Senate and House bills.
     Section 302. Technical amendments to Title 18 of the United 
         States Code
       Section 302 makes several minor clarifying amendments to 
     title 18, United States Code. Section 302(3) moves a comma 
     that became the focus of a statutory construction question in 
     Crandon v. United States.\1\ This provision is identical to 
     section 302 of the Senate and House bills.
---------------------------------------------------------------------------
     \1\ 494 U.S. 152 (1990) (J. Scalia concurring).
---------------------------------------------------------------------------
     Section 303. Required submission of proposed authorization of 
         appropriations for the Department of Justice for fiscal 
         years 2004 and 2005
       Section 303 requires the President to submit a Department 
     of Justice authorization bill for fiscal years 2004 and 2005 
     to the House and Senate Committees on the Judiciary when the 
     President submits his fiscal year 2004 budget request. This 
     authorization bill should contain any recommended additions, 
     changes or modifications to existing authorities that may be 
     necessary to carry out the functions of the Department. Any 
     such addition, change, or modification should be accompanied 
     by a description of the change and the justification for the 
     change. This provision is similar to section 303 of the 
     Senate and House bills.
     Section 304. Study of untested rape examination kits
       Section 304 requires the Attorney General to conduct a 
     study and assessment of untested rape examination kits that 
     currently exist nationwide, including information from all 
     law enforcement jurisdictions. The Attorney General is 
     required to submit a report of this study and assessment to 
     the Congress. This provision is identical to section 304 of 
     the Senate bill and section 305 of the House bill.
     Section 305. Reports on use of DCS 1000 (carnivore)
       Section 305 requires the Attorney General and Director of 
     the Federal Bureau of Investigation to submit a timely report 
     to the House and Senate Committees on the Judiciary 
     detailing, among other things, as:
       (1) The kind and number of orders or extensions applied for 
     to authorize the use of the DCS 1000 program (or any 
     subsequent version of such program);
       (2) The period of interceptions authorized by the order, 
     and the number and duration of any extensions of the order;
       (3) The offense specified in the order or application, or 
     extension of an order;
       (4) The number and nature of the facilities affected;
       (5) The identity of the applying investigative or law 
     enforcement agency making the application for an order; and
       (6) The specific persons authorizing the use of the DCS 
     1000 program (or any subsequent version of such program).
       This provision is identical to section 305 of the Senate 
     bill and is similar to section 306 of the House bill.
     Section 306. Study of allocation of litigating attorneys
       Section 306 requires the Attorney General to report to 
     Congress within 180 days of enactment of this bill on the 
     allocation of funds, attorneys, and other personnel, per-
     attorney workloads for each office of U.S. Attorney and each 
     division of the Department of Justice. This provision is 
     identical to section 306 of the Senate bill.
     Section 307. Use of Truth-in-Sentencing and Violent Offender 
         Incarceration Grants
       Section 307 provides States with flexibility to use 
     existing Truth-In-Sentencing and Violent Offender 
     Incarceration Grants to account for juveniles being housed in 
     adult prison facilities. This provision is identical to 
     section 307 of the Senate bill.
     Section 308. Authority of the Department of Justice Inspector 
         General
       Section 308 would amend Section 8E of the Inspector General 
     Act of 1978 (5 U.S.C. App.) to provide explicit statutory 
     authority for the Office of the Inspector General (``OIG'') 
     to investigate all allegations of criminal or administrative 
     misconduct by DOJ employees, including FBI personnel. The OIG 
     is also authorized to refer certain matters to the FBI Office 
     of Professional Responsibility or to the internal affairs 
     office of the appropriate component of the Department. The 
     Attorney General is directed to promulgate regulations 
     implementing this OIG authority. The section would make clear 
     that the OIG may investigate alleged misconduct by DOJ 
     component heads.
       For many years, the FBI was excluded from OIG jurisdiction 
     and the FBI's own internal Office of Professional 
     Responsibility had sole authority to investigate FBI 
     personnel misconduct, unless the Attorney General made an 
     exception. The FBI's exclusive domain to investigate its own 
     misconduct was unique in the Department and created the 
     appearance of a conflict of interest. On July 11, 2001, 
     Attorney General Ashcroft issued a new rule expanding the 
     OIG's jurisdiction over the FBI. This section is consistent 
     with, and codifies, the Attorney General's new rule.
       This provision is similar to section 308 of the Senate 
     bill.
     Section 309. Review of the Department of Justice
       To ensure that the OIG has the necessary structure and 
     resources to effectively assume its new jurisdiction over the 
     FBI and that the Congress is fully informed of such needs, 
     this section requires the Inspector General to: (1) appoint 
     an official to help supervise and coordinate oversight 
     operations and programs of the FBI during the transition 
     period; (2) conduct a comprehensive study of the FBI and 
     report back to the House and Senate Judiciary Committees with 
     a plan for auditing and evaluating various parts of the FBI 
     (including information technology) and for effective 
     continued OIG oversight; and (3) report back to the House and 
     Senate Judiciary Committees on whether an Inspector General 
     for the FBI should be established. The section would add a 
     requirement to report on FBI administrative changes to 
     implement the OIG authority, on different internal 
     investigative methods used by DOJ components and steps to 
     bring uniformity, and on whether recommended guidelines 
     should be developed for the discipline of DOJ personnel for 
     misconduct. This provision is similar to section 309 of the 
     Senate bill and section 304 of the House bill.
     Section 310.--Authorization of appropriations
       The conferees agreed to add this section to authorize 
     appropriations for the OIG and the FBI Office of Professional 
     Responsibility for fiscal year 2003.
       Subsection (a) would authorize $2,000,000 to be 
     appropriated to the Department of Justice for fiscal year 
     2003 for three purposes: first, to increase the staffing 
     level of the OIG by 25 full-time employees to conduct an 
     increased number of audits, inspections, and investigations 
     of alleged misconduct by FBI employees; second, to fund 
     additional audit coverage of the grant programs administered 
     by the Office of Justice Programs of the Department of 
     Justice; and third, to conduct special reviews of FBI efforts 
     to implement recommendations made by the OIG in reports on 
     alleged misconduct by the Bureau.
       Subsection (b) would authorize $1,700,000 to be 
     appropriated to the FBI for fiscal year 2003 to increase the 
     staffing level of the FBI Office of Professional 
     Responsibility by 10 full-time special agents and 4 full-time 
     support employees.
     Section 311. Report on threats and assaults against Federal 
         law enforcement officers, United States judges, United 
         States officials and their families
       Section 311 repeals a burdensome reporting requirement on 
     the compilation of statistics relating to intimidation of 
     Government employees and requires the Attorney General to

[[Page H6633]]

     report to Congress not later than 45 days after the end of 
     the fiscal year 2002 on the number of investigations and 
     prosecutions on threats and assaults against Federal law 
     enforcement officers, U.S. judges, U.S. officials and their 
     families. This provision is similar to section 311 of the 
     Senate bill and the repeal provision is identical to the 
     repeal provision in section 301 of the House bill.
     Section 312. Additional Federal judgeships
       Section 312 authorizes eight new permanent judgeships as 
     follows: five judgeships in the Southern District of 
     California, two judgeships in the Western District of Texas, 
     and one judgeship in the Western District of North Carolina. 
     It would also convert four temporary judgeships to permanent 
     judgeships--one each in the Central District of Illinois, the 
     Southern District of Illinois, the Northern District of New 
     York, and the Eastern District of Virginia. Additionally, 
     section 312 creates seven new temporary judgeships, one each 
     in the Northern District of Alabama, the District of Arizona, 
     the Central District of California, the Southern District of 
     Florida, the District of New Mexico, the Western District of 
     North Carolina, and the Eastern District of Texas. Finally, 
     it extends the temporary judgeship in the Northern District 
     of Ohio for five years.

                    TITLE IV--VIOLENCE AGAINST WOMEN

     Section 401. Short title
       Section 401 establishes the ``Violence Against Women Office 
     Act'' as the short title.
     Section 402. Establishment of Violence Against Women Office
       Section 402 specifies that Part T of Title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     Sec. 3796gg et seq.) will be amended by the following 
     insertion, and changes the existing paragraph numbers to 
     incorporate the amendment.
     Section 2002. Establishment of Violence Against Women Office
       Section 2002 creates a separate and independent Violence 
     Against Women Office (hereinafter the ``Office'') in the 
     Department of Justice, under the general authority of the 
     Attorney General. The Office shall be headed by a Director 
     who reports directly to the Attorney General and has final 
     authority over all grants, cooperative agreements and 
     contracts awarded by the Office.
       Section 2002 also affirms that the Office has the sole 
     jurisdiction over all the duties and functions delineated for 
     the Director in Section 2004, and that the Office is solely 
     responsible for coordination with other departments, 
     agencies, or offices of all activities authorized or 
     undertaken under the Violence Against Women Act of 1994 
     (Title VI of Public 103-322) and the Violence Against Women 
     Act of 2000 (Division B of Public Law 106-386). For instance, 
     since its inception in 1995, the Violence Against Women 
     Office has handled and coordinated the Department of 
     Justice's legal and policy issues regarding violence against 
     women--everything from enforcing protection orders across 
     state lines to issuing annual reports on stalking. The 
     jurisdiction provision ensures that coordination such as this 
     will continue.
       In addition, the Violence Against Women Office also works 
     with other federal agencies, such as the Department of 
     Housing and Urban Development, the Department of Health and 
     Human Services, and the Immigration and Naturalization 
     Service about federal policies, programs, statutes, and 
     regulations that impact violence against women such as 
     immigration procedures for battered immigrant women, public 
     housing assistance for battered women and their children, and 
     women's health programs. Pursuant to this jurisdiction 
     section, inter-department coordination such as this will 
     continue.
     Section 2003. Director of Violence Against Women Office
       Section 2003 establishes that the Office shall be headed by 
     a Director appointed by the President and confirmed by the 
     Senate. In addition, the Director is prohibited from other 
     employment during service as Director. This provision 
     specifies that compensation for the Director shall not exceed 
     the rate payable for Level V of the Executive Schedule under 
     Sec. 5316 of Title 5, United States Code.
     Section 2004. Duties and functions of director of Violence 
         Against Women Office
       Section 2004 delineates the duties and functions of the 
     director and correspondingly, the jurisdiction of the Office 
     as set forth in Sec. 2002 and they are as follows:
       (1) Maintaining liaison with the judicial branches of the 
     Federal and State governments on matters relating to violence 
     against women;
       (2) Providing information to the President, the Congress, 
     the judiciary, State, local and tribal governments, the 
     general public on matters relating to violence against women;
       (3) Serving, at the request of the Attorney General, as the 
     representative of the Department of Justice on domestic task 
     forces, committees, or commissions addressing policy or 
     issues relating to violence against women;
       (4) Serving, at the request of the President, acting 
     through the Attorney General, as the representative of the 
     United States Government on human rights and economic justice 
     matters related to violence against women in international 
     fora, including, but not limited to, the United Nations;
       (5) Carrying out the functions of the Department of Justice 
     under the Violence Against Women Act of 1994 (Title IV of 
     Public Law 103-322) and the Violence Against Women Act of 
     2000 (Division B of Public Law 106-386) including with 
     respect to those functions--
       (A) the development of policy, protocols, and guidelines;
       (B) the development and management of grant programs and 
     other programs, and the provision of technical assistance 
     under such programs;
       (C) the award and termination of grants, cooperative 
     agreements, and contracts.
       (6) Providing technical assistance, coordination, and 
     support to--
       (A) other components of the Department of Justice, in 
     efforts to develop policy and to enforce Federal laws 
     relating to violence against women, including the litigation 
     of civil and criminal actions relating to enforcing such 
     laws;
       (B) other Federal, State, local and tribal government 
     agencies, in efforts to develop policy, provide technical 
     assistance and improve coordination among agencies carrying 
     out efforts to eliminate violence against women, including 
     Indian or indigenous women; and (C) grantees, in efforts to 
     combat violence against women and to provide support and 
     assistance to victims of such violence.
       (7) Exercising such other powers and functions as may be 
     vested in the Director pursuant to this part or by delegation 
     of the Attorney General; and
       (8) Establishing such rules, regulations, guidelines and 
     procedures as are necessary to carry out any function of the 
     Office.
       Pursuant to Sec. 2004(3), the Director and the Office will 
     continue to participate in task forces, commissions, 
     committees, working groups such as the Violence Against Women 
     Coordinating Council in the Department of Justice, Office of 
     Justice Programs Indian Issues Working Group, and the 
     Department of Defense Task Force on Domestic Violence.
     Section 2005. Staff of Violence Against Women Office
       Section 2005 requires the Attorney General to ensure that 
     the Office receives adequate staff to support the Director in 
     carrying out the responsibilities, duties and functions.
     Section 2006. Authorizations of appropriations
       Section 2006 authorizes the appropriations of such sums as 
     may be necessary to carry out this title for each fiscal year 
     until fiscal year 2005, the year through which the Violence 
     Against Women Act is authorized.
     Section 403. Effective date
       Section 403 states that this Title shall take effect 90 
     days after the date of enactment of this amendment.

                   DIVISION B--MISCELLANEOUS DIVISION

                TITLE I--BOYS AND GIRLS CLUB OF AMERICA

     Section 1101.--Boys and Girls Clubs of America
       Section 1101 authorizes DOJ grants to the Boys and Girls 
     Clubs of America to help establish 1,200 additional Boys and 
     Girls Clubs across the nation with the goal of having 4,000 
     Boys and Girls Clubs in operation by January 1, 2007. This 
     provision is similar to section 1101 of the Senate bill.

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2001

     Section 2001. Short title
       Section 2001 provides that the short title of this Act 
     shall be the Drug Abuse Education, Prevention, and Treatment 
     Act of 2001. It is the same as section 2001 of the Senate 
     bill.

                Subtitle A--Drug-Free Prisons and Jails

     Section 2101. Use of residential substance abuse treatment 
         grants to provide for services during and after 
         incarceration
       Section 2101 authorizes the use of Residential Substance 
     Abuse Treatment Grants for treatment and sanctions both 
     during incarceration and after release, as requested in the 
     Administration's fiscal year 2002 budget request. This 
     provision is identical to section 310 of the Senate bill.
     Section 2102. Jail-based substance abuse treatment programs
       Section 2102 provides grants to States for jail-based 
     substance abuse programs, and requires States to make at 
     least 10 percent of funds received under this section 
     available to local correctional facilities. It is similar to 
     section 2102 of the Senate bill.
     Section 2103. Mandatory revocation of probation and 
         supervised release for failing a drug test
       Section 2103 amends 18 U.S.C. sections 3565(b) and 3583(g) 
     to provide for mandatory revocation of probation or 
     supervised release if a defendant tests positive for illegal 
     controlled substances more than three times over the span of 
     one year. This provision is identical to section 2103 of the 
     Senate bill.

                  Subtitle B--Treatment and Prevention

     Section 2201. Report on drug-testing technologies
       Section 2201 directs the National Institute of Justice to 
     conduct a study of drug-testing technologies to identify and 
     assess the efficacy, accuracy, and usefulness of such 
     technologies. It is similar to section 2209 of the Senate 
     bill.
     Section 2202. Drug and substance abuse treatment, prevention, 
         education, and research study
       Section 2202 instructs the President, in consultation with 
     the Attorney General, the Secretary of Health and Human 
     Services, the Secretary of Education, and other appropriate 
     Federal officers, to review all federal

[[Page H6634]]

     drug treatment, prevention, education, and research programs 
     and recommend to Congress ways in which those programs could 
     be streamlined, consolidated, simplified, coordinated, and 
     made more effective.
     Section 2203. Drug abuse and addiction research
       Section 2203 authorizes the expansion of current and 
     ongoing interdisciplinary research and clinical trials with 
     treatment centers of the National Drug Abuse Treatment 
     Clinical Trials Network relating to drug abuse and addiction. 
     It is similar to section 2208 of the Senate-passed bill.

                        Subtitle C--Drug Courts

     Sec. 2301. Drug courts
       Section 2301 authorizes the Attorney General to make grants 
     to States to fund adult drug courts, juvenile drug courts, 
     family drug courts, and tribal drug courts. Drug court 
     programs receiving funds may only involve nonviolent 
     offenders and must involve continuing supervision over those 
     offenders, coordination with appropriate State or local 
     prosecutor, and the provision of services such as drug 
     treatment. The Attorney General is also required to implement 
     recommendations of the General Accounting Office to improve 
     the accountability and track the success of drug court 
     programs throughout the nation. This section is similar to 
     section 2401 of the Senate bill.
     Sec. 2302. Authorization of appropriations
       Section 2302 authorizes appropriations of $50 million for 
     fiscal year 2002, $54 million for fiscal year 2003, $58 
     million for fiscal year 2004, and $60 million for fiscal year 
     2005. This section is similar to section 2402 of the Senate 
     bill.
     Sec. 2303. Study by the General Accounting Office
       Section 2303 instructs the GAO to study and assess the 
     effectiveness and impact of grants made under this subtitle.

 Subtitle D--Program for Successful Reentry of Criminal Offenders Into 
                           Local Communities

     Sec. 2411. Post incarceration vocational and remedial 
         educational opportunities for inmates
       Section 2411 establishes a Federal Reentry Center 
     Demonstration project, under which individualized plans will 
     be developed to reduce recidivism by offenders to be released 
     from the Federal prison population. Among other things, the 
     project will include substance abuse treatment and aftercare, 
     mental and medical health treatment and aftercare, vocational 
     and educational training. The project will also include a 
     reasonable method for imposing sanctions for a prisoner's 
     violation of the conditions of participation in the project. 
     It is similar to section 2511 of the Senate bill.
     Sec. 2421. Amendments to the Omnibus Crime Control and Safe 
         Streets Act of 1968
       Section 2421 authorizes the Attorney General to make grants 
     of up to $1 million to States, Territories, and Indian tribes 
     to establish demonstration projects to promote successful 
     reentry of criminal offenders. Funds can be expended for 
     oversight and monitoring of released offenders, substance 
     abuse treatment, and other purposes. This provision is 
     similar to section 2521 of the Senate bill.

                       Subtitle E--Other Matters

     Sec. 2501. Amendment to Controlled Substances Act
       Section 2501 makes a technical amendment to the Drug Abuse 
     Treatment Act, which was signed into law last year, to amend 
     the opt-out time limit from the date of passage of the Act to 
     the date of Food and Drug Administration approval of the type 
     of drugs authorized to be prescribed under the Act. This 
     provision is identical to section 2951 of the Senate bill.
     Sec. 2502. Study of methamphetamine treatment
       Section 2502 amends section 3633 of the Methamphetamine 
     Anti-Proliferation Act of 2000 to request that the National 
     Institute on Drug Abuse produce a report that the Act 
     directed the Institute of Medicine of the National Academy to 
     produce. This provision is identical to section 2952 of the 
     Senate bill.
     Sec. 2503. Authorization of funds for DEA police training in 
         South and Central Asia
       Section 2503 authorizes not less than $5 million for fiscal 
     year 2003 to the Attorney General for regional antidrug 
     training by the Drug Enforcement Administration for law 
     enforcement entities in South and Central Asia.
     Sec. 2504. United States-Thailand drug prosecutor exchange 
         program
       Section 2504 authorizes the Attorney General to establish 
     an exchange program in which prosecutors, judges, or 
     policymakers from Thailand participate in an exchange program 
     to observe federal prosecutors to learn about the various 
     rules and procedures used in the United States to prosecute 
     violations of federal criminal narcotics laws. The section 
     authorizes $75,000 for fiscal years 2003 and 2004.

  TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

     Sec. 3001. Increasing the penalty for using physical force to 
         tamper with witnesses, victims, or informants
       Section 3001 would increase the statutory maximum sentence 
     for witness tampering that involves the use of physical 
     force. Under current law, a defendant convicted of using 
     physical force to tamper with a witness, victim or informant 
     faces a maximum sentence of 10 years. This section would 
     increase the maximum for the use or attempted use of force to 
     20 years, which is the same sentence available for a 
     defendant who tampers with a witness by attempted murder. The 
     increased penalty is justified because the use of physical 
     force is often comparably egregious to attempted murder, such 
     as where the victim, witness or informant is severely beaten, 
     even though the government cannot prove the specific intent 
     to commit murder. Judges should have the authority to 
     sentence accordingly. This section would also add a provision 
     for conspiracy cases making the maximum sentence for 
     conspiracy the same as the maximum sentence for the 
     underlying substantive offense. This provision is similar to 
     section 4001 of the Senate bill.
     Sec. 3002. Correction of aberrant statutes to permit 
         imposition of both a fine and imprisonment
       This section would allow the court to impose both a fine 
     and imprisonment under certain aberrant statutes that 
     presently permit the imposition of only one of these 
     punishments, but not both. The statutes at issue are 18 
     U.S.C. Sec. 401 (criminal contempt); 18 U.S.C. Sec. 1705 
     (destruction of letter boxes); 18 U.S.C. Sec. 1916 
     (unauthorized employment or disposition of lapsed 
     appropriations); 18 U.S.C. Sec. 2234 (willfully exceeding 
     authority in executing a search warrant); 18 U.S.C. Sec. 2235 
     (maliciously procuring and executing a search warrant); and 
     28 U.S.C. Sec. Sec. 636(e)(2) & (3) (criminal contempt by 
     magistrates). Although the general policy of the Sentencing 
     Reform Act of 1984 that courts should have multiple 
     sentencing options, see 18 U.S.C. Sec. 3551(b) (``A sentence 
     to pay a fine may be imposed in addition to any other 
     sentence.''), these statutes stand as an anomalous exception 
     to that policy, see United States v. Versaglio, 85 F.3d 943, 
     946-47 (2d Cir. 1996) (notwithstanding Sec. 3551(b), court 
     many not impose both imprisonment and a fine under Sec. 401); 
     United States v. Holloway, 991 F.2d 370, 373 (7th Cir. 1993) 
     (same).
       Of the statutes that limit the court to a single sentencing 
     option, only section 401 has generated case law concerning 
     the effect of its disjunctive sentencing provisions. These 
     cases have resulted in windfalls for undeserving defendants 
     when judges who are unaware of the unusual restriction on 
     their sentencing authority mistakenly impose an illegal 
     sentence of both a fine and imprisonment. If the defendant 
     tenders payment of the fine before the error is corrected, 
     the sentence is deemed to have been fully satisfied and the 
     term of imprisonment must be vacated. See In re Bradley, 318 
     U.S. 50 (1943); United States v. Catalano, 1996 WL 387220 (2d 
     Cir. July 11, 1996); Versaglio, 85 F.3d at 948; United States 
     v. Holmes, 822 F.2d 481 (5th Cir. 1987); United States v. 
     Sampogne, 533 F.2d 766, 767 (2d Cir. 1976). In effect, the 
     defendant can buy immunity from imprisonment by immediately 
     paying the fine and then filing an appeal challenging only 
     the prison term. Even where it is clear that the sentencing 
     court would have imposed a prison term rather than a fine if 
     it had correctly understood its options, the defendant must 
     be allowed to go free, with no possibility of the case being 
     remanded for resentencing. While these decisions may be 
     compelled by the plain wording of the statute, their outcomes 
     are hardly satisfactory. As Chief Justice Stone remarked in 
     his dissenting opinion in Bradley, it is unjust that ``the 
     choice rests with the offender rather than with the court 
     whether he shall be punished by fine or by imprisonment, 
     either of which alone the court could have lawfully imposed; 
     and that by payment of the fine, imposed and accepted under 
     mistake of law . . . he may irrevocably escape punishment by 
     imprisonment.'' 318 U.S. at 53; see also Holmes, 822 F.2d at 
     505 (Brown, J., dissenting) (``The Constitution does not 
     require that sentencing should be a game in which the wrong 
     move by a judge means immunity for the prisoner.'').
       There is no sound reason to limit a court's sentencing 
     authority under the statutes at issue to only a fine or 
     imprisonment. No legislative history apparently exists to 
     explain the reasons for these disjunctive sentencing 
     provisions. Indeed, the Senate Judiciary Committee has 
     previously remarked that this feature of section 401 was 
     probably unintended and proposed correcting it in the 
     Criminal Code Reform Act of 1979. See S. Rep. No. 96-553 at 
     355 (96th Cong. 2d Sess.). The correction is long overdue. 
     The proposed amendment would therefore insert the phrase ``or 
     both'' after the language authorizing a fine or imprisonment 
     in the affected statutes. This section is identical to 
     section 4002 of the Senate-passed bill.
     Sec. 3003. Reinstatement of counts dismissed pursuant to a 
         plea agreement
       This section would create a new provision, to be codified 
     at 18 U.S.C. Sec. 3296, which would extend the statute of 
     limitations for counts dismissed pursuant to a plea agreement 
     when the defendant's guilty plea is subsequently vacated. 
     There have been cases where a defendant is indicted on one 
     set of charges and pleads guilty to lesser counts pursuant to 
     a plea bargain, but then later succeeds in getting the guilty 
     plea vacated. If the plea is vacated after the statute of 
     limitations on the original set of charges has run, courts 
     have held that those charges cannot be reinstated and that 
     the case is time-barred. Thus, the defendant can no longer be 
     prosecuted even though the government acted with all 
     reasonable diligence in bringing the case. See United States 
     v. Midgley, 142

[[Page H6635]]

     F.3d 174, 178-80 (3d Cir. 1998); United States v. Podde, 105 
     F.3d 813 (2d Cir. 1995). The bill would close this loophole 
     by giving the government 60 days after the order vacating the 
     defendant's plea becomes final to move to reinstate any 
     charges dismissed pursuant to a plea agreement. This approach 
     is analogous to that of 18 U.S.C. Sec. 3288, which grants 
     the government a grace period to obtain a new indictment 
     when counts are dismissed after the expiration of the 
     statute of limitations.
       The new section 3296 would not prevent the court from 
     considering any defense other than statute of limitations to 
     the reinstated charges. Thus, for example, defendants who 
     contend that their ability to defend against the reinstated 
     counts has been irreparably prejudiced by the passage of time 
     retain their ability to bring a constitutional speedy trial 
     claim, see Barker v. Wingo, 407 U.S. 514 (1972), as well as 
     any other defenses to the prosecution they would otherwise 
     have. This provision is identical to section 4003 of the 
     Senate bill.
     Sec. 3004. Appeals from certain dismissals
       This section clarifies that 18 U.S.C. Sec. 3731 authorizes 
     an appeal by the United States, consistent with the Double 
     Jeopardy clause, whenever a district court enters an order 
     dismissing or striking part of an indictment or information. 
     Section 3731 confers broad authority on the United States to 
     appeal orders of district courts that dismiss an indictment 
     or information either in whole or as to ``any one or more 
     counts.'' The statute was designed to permit the United 
     States to appeal virtually all adverse rulings in criminal 
     cases, when not precluded from doing so by the Double 
     Jeopardy Clause of the Constitution, and contains a final 
     sentence stating that the ``provisions of this section shall 
     be liberally construed to effectuate its purposes.'' As a 
     result of this language, the statute has generally been 
     generously interpreted to allow government appeals, even when 
     its literal language does not clearly extend to the case, 
     such as where a district court has dismissed only a portion 
     of a count such as a predicate act in a RICO count or an 
     overt act in a conspiracy count. See, e.g., United States v. 
     Levasseur, 846 F.2d 786 (lst Cir. 1988) (appeal held to lie 
     where predicate acts were stricken from a RICO count). This 
     approach is consistent with the Supreme Court's observation 
     that section 3731 permits ``an appeal from an order 
     dismissing only a portion of a count.'' Sanabria v. United 
     States, 437 U.S. 54, 69 n.23 (1978). However, one federal 
     circuit has held that section 3731 does not permit any 
     government appeals from the dismissal of only part of a 
     count. See United States v. Louisiana Pacific Corporation, 
     106 F.3d 345 (10th Cir. 1997). In other cases, appellate 
     review of orders dismissing predicate acts or overt acts has 
     been denied where the dismissed acts could not themselves 
     have been charged in separate counts. See United States v. 
     Terry, 5 F.3d 874 (5th Cir. 1993); United States v. Tom, 787 
     F.2d 65 (2d Cir. 1986).
       It is time to resolve these conflicting results 
     definitively. The reach of section 3731 should clearly be 
     extended to orders dismissing portions of counts. Although 
     the Solicitor General, who must approve all appeals by the 
     United States to a court of appeals, only seldom authorizes 
     appeals from partial dismissals of counts in criminal cases, 
     there is no reason not to permit the government to appeal 
     when the issue involved is important and determined by the 
     Solicitor General to be worthy of presentation to a higher 
     court. Indeed, there are some cases where the dismissal of a 
     predicate act or overt act may substantially weaken the 
     government's ability to prove its case. The proposed 
     amendment would therefore insert the phrase ``or any part 
     thereof'' in section 3731 so as to make clear that dismissals 
     of any part of a count are subject to appeal by the United 
     States in appropriate circumstances. This provision is 
     identical to section 4004 of the Senate bill.
     Sec. 3005. Clarification of length of supervised release 
         terms in controlled substance cases
       This section resolves a conflict in the circuits as to the 
     permissible length of supervised release terms in controlled 
     substance cases. Under 18 U.S.C. 3583(b), ``[e]xcept as 
     otherwise provided,'' the maximum authorized terms of 
     supervised release are 5 years for Class A and B felonies, 3 
     years for Class C and D felonies, and 1 year for Class E 
     felonies and certain misdemeanors. The drug trafficking 
     offenses in 21 U.S.C. Sec. Sec. 841 and 960 prescribe special 
     supervised release terms, however, that are longer than those 
     applicable generally under section 3583(b). Those longer 
     terms, which may include lifetime supervised release, were 
     enacted in 1986 in the same Act that inserted the 
     introductory phrase ``Except as otherwise provided'' in 
     section 3583(b). Because of this clear legislative history 
     and intent, three courts of appeals have held that section 
     3583(b) does not limit the length of supervised release that 
     may be imposed for a violation of 21 U.S.C. Sec. Sec. 841 or 
     960 when a greater term is there provided. United States v. 
     LeMay, 952 F.2d 995, 998 (8th Cir. 1991); United States v. 
     Eng, 14 F.3d 165, 172-3 (2d Cir. 1994); United States v. 
     Garcia, 112 F.3d 395 (9th Cir. 1997). Two courts of appeals, 
     however, have reached the opposite result, holding that the 
     length of a supervised release term that can be imposed for 
     controlled substance cases is limited by 18 U.S.C. 
     Sec. 3583(b). United States v. Gracia, 983 F.2d 625, 630 (5th 
     Cir. 1993); United States v. Kelly, 974 F.2d 22, 24-25 (5th 
     Cir. 1992); United States v. Good, 25 F.3d 218 (4th Cir. 
     1994).
       Although the issue has not arisen with frequency, the 
     conflict is entrenched and should be dealt with definitively. 
     Accordingly, the amendment would add the words 
     ``Notwithstanding section 3583 of title 18'' to the title 21 
     controlled substance offenses in the parts of those statutes 
     dealing with supervised release to make clear that the longer 
     terms there prescribed control over the general provision in 
     section 3583. Of course, the Sentencing Guidelines would 
     continue to govern the permissible length of supervised 
     release terms under the amended statutes. This provision is 
     identical to section 4005 of the Senate bill.
     Sec. 3006. Authority of court to impose a sentence of 
         probation or supervised release when reducing a sentence 
         of imprisonment in certain cases
       This section would confer express authority on courts under 
     section 3582(c)(1)(A), when exercising the power to reduce a 
     term of imprisonment for extraordinary and compelling 
     reasons, to impose a sentence of probation or supervised 
     release with or without conditions. Such added flexibility is 
     consistent with the purposes for which this statute was 
     designed and will likely facilitate its use in appropriate 
     cases.
       Under 18 U.S.C. 3582(c)(l)(A), a court is authorized, on 
     motion of the Bureau of Prisons and consistent with the 
     purposes of sentencing in 18 U.S.C. 3553, to ``reduce the 
     term of imprisonment'' upon a finding that ``extraordinary 
     and compelling reasons'' warrant such a reduction. This 
     limited authority has been generally utilized when a 
     defendant sentenced to imprisonment becomes terminally ill or 
     develops a permanently incapacitating illness not present at 
     the time of sentencing. In such circumstances, the situation 
     of a prisoner (e.g., one suffering from a contagious 
     debilitating disease), may make a court reluctant simply to 
     release the prisoner back into society unless another 
     sentencing option such as home confinement as a condition of 
     supervised release or probation can be imposed. Presently, 
     however, it is doubtful whether a court can order such a 
     sentence since section 3582(c)(1)(A) speaks only in terms of 
     reducing ``the term of imprisonment,'' not imposing in its 
     stead a lesser type of sentence. Cf. Fed. R. Crim. P. 35(b), 
     which gives a court the power to ``reduce a sentence'' to 
     reflect substantial assistance. The proposed language also 
     makes it clear that any new term of supervised release or 
     probation cannot be longer than the unserved portion of the 
     original prison term, as it is not intended that this 
     provision be used to increase the total amount of time that a 
     person's liberty is restricted. This provision is identical 
     to section 4006 of the Senate bill.
     Sec. 3007. Clarification that making restitution is a proper 
         condition of supervised release
       This section would remedy an ambiguity relating to 
     restitution as a condition of supervised release. Under 18 
     U.S.C. 3583(c) and (e), the court is authorized to consider 
     various sentencing factors set forth in 18 U.S.C. 3553 as a 
     basis for imposing restitution as a condition of supervised 
     release or for revoking or modifying the conditions of 
     supervised release. Supervised release is among the purposes 
     of sentencing enumerated in section 3553, in paragraph 
     (a)(7), but is not among the factors enumerated in section 
     3583(c) and (e). However, 18 U.S.C. 3583(c) also authorizes 
     the court to impose any condition of supervised release that 
     is an authorized condition of probation under 18 U.S.C. 
     3563(b), and making restitution is among those conditions 
     (see section 3564(b)(2)). Thus, it appears clear that a court 
     has authority to impose a restitution condition upon a term 
     of supervised release. But the absence of a reference to 
     section 3553(a)(7) in the revocation subsection of section 
     3583 raises a question whether, even though it is an 
     authorized condition of supervised release, a court has 
     authority to revoke or modify the term for willful failure to 
     make restitution. Such authority is probably implicit and was 
     surely intended by Congress. See United States v. Payan, 992 
     F.2d 1387, 1395-96 (5th Cir. 1993). This amendment would 
     provide a reference to section 3553(a)(7) in the supervised 
     release statute and remove any ambiguity in this regard. Of 
     course, even under the amended statute, a court could not 
     revoke or modify the defendant's supervised release for 
     failure to pay restitution unless the defendant had the 
     resources to pay and willfully refused to do so. See Bearden 
     v. Georgia, 461 U.S. 660 (1983); Payan, 992 F.2d at 1396-97. 
     This provision is identical to section 4007 of the Senate 
     bill.

        TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

     Sec. 4001. Short title
       This section provides that the short title of the act shall 
     be the ``Criminal Law Technical Amendments Act of 2002.'' 
     This provision is similar to section 5001 of the Senate bill.
     Sec. 4002. Technical amendments relating to criminal law and 
         procedure
       This section makes over 60 separate technical changes to 
     various criminal statutes by correcting missing and incorrect 
     words, margins, punctuation, redundancies, outmoded fine 
     amounts, cross references, and other technical and clerical 
     errors. This provision is identical to section 5002 of the 
     Senate bill.
     Sec. 4003. Additional technicals
       Section 4003 makes additional technical changes to criminal 
     statutes, and is similar to section 5003 of the Senate bill.
     Sec. 4004. Repeal of outmoded provisions
       This provision is similar to section 5004 of the Senate 
     bill.

[[Page H6636]]

     Sec. 4005. Amendments resulting from public law 107-56
       This provision is identical to section 5005 of the Senate 
     bill.
     Sec. 4006. Cross reference correction
       The conferees agree to add this section to make a technical 
     correction to the International Convention for the 
     Suppression of Terrorist Bombings.

      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

     Sec. 5001. Paul Coverdell Forensic Sciences Improvement Act
       Section 5001 amends the Paul Coverdell National Forensic 
     Sciences Improvement Act of 2000 to permit local crime labs 
     to receive grants. In addition, the section allows the 
     Attorney General to make discretionary grants to any State or 
     locality after considering the state crime rate and existing 
     crime lab resources and requires each State to include in its 
     report to the Attorney General on the comparison of pre-grant 
     and post-grant forensic science capabilities, and an 
     identification of the number and type of cases currently 
     accepted by the laboratory. This provision is identical to 
     section 7001 of the Senate bill.
     Sec. 5002. Authorization of appropriations
       Section 5002 authorizes to be appropriated for each of 
     fiscal years 2002 through 2007 such sums as necessary for the 
     Center for Domestic Preparedness of the Department of Justice 
     in Anniston, Alabama; the Texas Engineering Extension Service 
     of Texas A&M University; the Energetic Materials Research and 
     Test Center of the New Mexico Institute of Mining and 
     Technology; the Academy of Counterterrorist Education at 
     Louisiana State University; the National Exercise, Test, and 
     Training Center of the Department of Energy, located at the 
     Nevada test site; the National Center for the Study of 
     Counter-Terrorism and Cyber-Crime at Norwich University; and 
     the Northeast Counterdrug Training Center at Fort Indiantown 
     Gap, Pennsylvania. This provision is similar to section 7002 
     of the Senate bill.

     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS

        TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE AND IMMIGRATION

                    Subtitle A--General Improvements

     Sec. 11001. Law Enforcement Tribute Act
       Section 11001 makes findings regarding the number of law 
     enforcement and public safety officers currently serving in 
     the United States and the number assaulted, injured or killed 
     in the line of duty each year. Congress finds that these 
     officers risk their safety to serve the citizens of their 
     communities. This section makes the finding that many of the 
     communities do not have the resources to properly honor the 
     fallen officers that have served them.
       This section authorizes the Attorney General to award 
     matching grants up to 50 percent of the cost of the tribute 
     directly to a State, local government or Indian Tribe in an 
     amount not to exceed $150,000. It provides that Indian Tribes 
     may use any funds appropriated by Congress for activities of 
     the Bureau of Indian Affairs or Indian tribal government to 
     meet the matching requirements.
       This section also requires any application for funds under 
     this bill to meet the criteria established by the Attorney 
     General. It requires the Attorney General to provide an 
     annual report to provide Congress with information regarding 
     the number of grants awarded, the amount of funds provided 
     for those grants, and the activities for which the funds were 
     used.
       This section includes an authorization of $3 million for 
     each fiscal year 2002-2006, which results in a total 
     authorization of $15 million over 5 years.
     Sec. 11002. Disclosure of grand jury matters relating to 
         money laundering offenses
       In general, information relating to the investigation of a 
     matter before a grand jury is subject to strict protection 
     and may not be disclosed. Section 3322 of title 18, United 
     States Code, provides limited exceptions to this rule, 
     permitting bank regulators to obtain information in certain 
     cases to ensure that they can continue to supervise banking 
     organizations involved in law enforcement investigations. The 
     statute, enacted following the savings and loan crisis and 
     the extensive law enforcement efforts necessitated by bank 
     and thrift failures, does not, however, cover money 
     laundering cases. Section 11002 would amend 18 U.S.C. 3322 so 
     that the Justice Department may obtain a court order to share 
     grand jury information with bank supervisors if an 
     investigation involves money laundering.
     Sec. 11003. Grant program for State and local domestic 
         preparedness support
       This section makes technical corrections and adds 
     additional uses to the Office of Domestic Preparedness grants 
     to support state and local law enforcement agencies and other 
     first responders prepare for and prevent terrorist attacks as 
     authorized by section 1014 of the USA PATRIOT Act (Public Law 
     107-56).
       The conferees strongly encourage the Department of Justice 
     through the Office of Domestic Preparedness to support a 
     public safety pilot project initiated by the Pennsylvania 
     State Association of Boroughs designed to inventory the 
     infrastructure and resources of five participating central 
     Pennsylvania boroughs using GIS technology for the purpose of 
     analyzing security risks and possible responses. Data 
     collected on the five boroughs will be stored in an online 
     searchable database or ``information warehouse.'' Data 
     collected will include roads, water resources, stadiums, 
     energy plants, hazardous materials locations and other 
     assets.
     Sec. 11004. United States Sentencing Commission access to 
         NCIC terminal
       This section authorizes the U.S. Sentencing Commission to 
     access the National Crime Information Center information 
     system at the Federal Bureau of Investigation.
     Sec. 11005. Danger pay for FBI agents
       Section 11005 provides special ``danger pay'' allowances 
     for FBI agents in hazardous duty locations outside the United 
     States, as is provided for agents of the Drug Enforcement 
     Administration. The president's budget submission for fiscal 
     years 2002 and 2003 requested this change in law. This 
     section is identical to section 210 of the Senate-reported 
     bill.
     Sec. 11006. Police corps
       Section 11006 extends the Police Corps' authorization for 
     an additional four years. It also deletes the provisions that 
     now give $10,000 a year to participating police agencies, 
     thereby reducing the per-officer cost of the program by 30% 
     and making funds available to support more officers; and 
     updates the maximum for scholarship payments, from $7,500 
     (set when the bill was introduced in 1989) to $10,000 per 
     year.
     Sec. 11007. Radiation exposure compensation technical 
         amendments
       The Radiation Exposure Compensation Act (``RECA'') 
     Amendments of 2000, P.L. 106-245, inadvertently eliminated 
     some claimants previously eligible for compensation, and made 
     it more difficult for other claimants to prove eligibility. 
     The technical amendments included in section 11007 are:
       Duration of Employment Standard as an Alternative to 
     Radiation Exposure Levels--Under RECA as amended by P.L. 106-
     245, uranium miners are required to prove exposure to at 
     least 40 working level months (WLMs) of radiation. Uranium 
     millers and ore transporters are required to demonstrate 
     employment in a mill or as an ore transporter for one full 
     year. During the last congressional session, proposed 
     amendments to P.L. 106-245 by Senators Hatch and Daschle 
     sought to eliminate the WLM exposure requirement for miners 
     and substitute a one-year duration of employment 
     requirement--identical to the one in place for millers and 
     ore transporters. There are many miners, however, who worked 
     for less than one year in uranium mines but who still were 
     exposed to significant levels of radiation exposure and could 
     easily qualify for eligibility with a 40 WLM standard. The 
     proposed technical amendment would allow uranium miners to 
     qualify by meeting either the 40 WLM exposure standard or the 
     one year duration of employment standard.
       Reinsert a ``Downwinder'' Area Erroneously Stricken from 
     Act by P.L. 106-245--In amending the list of ``downwinder'' 
     areas, P.L. 106-245 inadvertently eliminated a portion of 
     Mohave County, Arizona (located north of the Grand Canyon) 
     that was previously compensable under RECA. As a consequence, 
     claimants who reside in this portion of Mohave County are no 
     longer eligible for compensation. The proposed technical 
     amendment would again include this area in the definition of 
     ``downwinder'' areas.
       Remove Disparity for Downwinder and Onsite Participant 
     ``Lung Cancer'' Claimants--P.L. 106-245 added seven new 
     cancers to the list of compensable cancers for the 
     ``downwinder'' and ``onsite participant'' provisions of RECA. 
     These include: cancers of the male breast, salivary gland, 
     urinary bladder, brain, colon, ovary and lung. With the 
     exception of lung cancer, the Act now requires all 
     compensable cancers to be ``primary''--to originate in the 
     specified organ or tissue. The proposed technical amendment 
     would require that all compensable cancers be ``primary'' and 
     thus eliminate the distinction inadvertently created by the 
     amendments between lung cancer claimants and claimants with 
     other compensable cancers.
       Remove Inconsistent Treatment for Claimants with In Situ 
     Lung Cancers--As a result of the recent amendments, RECA 
     treats ``downwinder'' and ``onsite participant'' claimants 
     with in situ lung cancer more stringently than uranium worker 
     claimants. Presently, under the amended ``downwinder'' and 
     ``onsite participant'' provisions, compensation is available 
     for lung cancer ``other than in situ lung cancer that is 
     discovered during or after a post-mortem exam.'' This 
     restricts compensation for in situ lung cancer to claimants 
     who are living. No similar restriction exists for uranium 
     worker claimants with in situ lung cancer. The proposed 
     technical amendment would ensure consistent treatment of in 
     situ lung cancer among all categories of claimants, and 
     eliminate the distinction based on the timing of lung cancer 
     diagnosis.
       Uranium Miners, Mill Workers, and Ore Transporters with 
     Lung Cancer Should Not be Required to Show Evidence of Non-
     Malignant Respiratory Disease--As amended by P.L. 106-245, 
     RECA requires (in cases where the claimant is living) the 
     submission of the same medical documentation for proof of a 
     ``non-malignant respiratory disease'' and ``lung cancer.'' 
     While the documentation required is appropriate for purposes 
     of establishing a non-malignant respiratory disease,

[[Page H6637]]

     it is not medically appropriate for establishing lung cancer. 
     The requirement precludes most lung cancer claimants who do 
     not also suffer from a non-malignant respiratory disease from 
     establishing eligibility for compensation. The proposed 
     technical amendment would eliminate the requirement that 
     claimants with lung cancer also submit proof of a non-
     malignant respiratory disease.
       Requiring Claimants to Prove Uranium Mines in States Not 
     Designated as ``AEC Mines'' is Inappropriately Restrictive--
     P.L 106-245 amended the Act to allow uranium miner claimants 
     to qualify for compensation if an additional state not 
     designated in the Act establishes that the ``Atomic Energy 
     Commission'' (AEC) operated a uranium mine in the State 
     between January 1, 1942 and December 31, 1971. The provision 
     states that once the State has been certified for inclusion 
     as a uranium mining state, a claimant may demonstrate 
     employment in that state. The AEC, however, did not exist 
     prior to January 1, 1947. Maintaining the requirement is 
     confusing for claimants employed in uranium mines between 
     1942 and 1946 in a state other than the one designated in the 
     Act and may prevent them from qualifying for compensation. 
     The proposed technical amendment would eliminate the 
     requirement that a state operated an AEC uranium mine.
       Section 6(i) ``Issuance of Regulations'' Misplaced--The new 
     provision regarding ``issuance of revised regulations'' 
     should amend ``Section 6(k) Issuance of Regulations, 
     Guidelines and Procedures.'' P.L. 106-245 inadvertently 
     amends ``Section 6(i) Use of Existing Resources.''
       Section on ``Affidavits'' Misplaced--P.L. 106-245 fails to 
     enumerate a section for the newly-added provision regarding 
     ``affidavits.'' The provision regarding affidavits should be 
     added as new section ``Section 6(m) Affidavits.''
       Omission of Uranium Millers and Ore Transporters from 
     ``Full Settlement of Claims'' Provision--P.L. 106-245 did not 
     amend the Act's ``full settlement of claims'' provision (Sec. 
     6(e)) to provide that acceptance of payment under the new 
     claimant categories--uranium millers and ore transporters--
     shall be in full settlement of all claims that individual may 
     have against the United States. Presently, the provision 
     applies only to the original RECA claimant categories. The 
     technical amendment would correct the omission by providing 
     that acceptance of payment shall be in full settlement of 
     claims arising out of exposure to radiation with respect to 
     all clamant categories. The technical amendment also takes 
     into consideration the availability of additional 
     compensation under the new Department of Energy compensation 
     program (Energy Employees' Occupational illness Compensation 
     Program Act).
       ``Choice of Remedies'' Provision Requires Clarifying 
     Language--P.L. 106-245 did not amend the Act's ``choice of 
     remedies'' provision which prevents double recovery for 
     individuals seeking payment under multiple sections of the 
     Act. Presently, the Act's ``choice of remedies'' provision 
     eliminates double recovery as between ``Downwinders,'' 
     ``Onsite participants,'' and ``Uranium Miners.'' With the 
     addition of the two new claimant categories--``Millers'' and 
     ``Ore Transporters''--the provision is presently unclear as 
     to whether multiple payments are now available. The technical 
     amendment would clarify the ``choice of remedies'' provision 
     to plainly state that there is no possibility of a double 
     recovery under the amended Act.
       Section on ``GAO Reports'' Misplaced--P.L 106-245 fails to 
     enumerate a section for the provision regarding ``GAO 
     Reports.'' The provision regarding GAO Reports should be 
     added as new section ``Sec. 14. GAO Reports.''
     Sec. 11008. Federal Judiciary Protection Act of 2002
       Section 11008 increases the maximum prison term for 
     forcible assaults, resistance, intimidation, or interference 
     with a Federal judge, Federal law enforcement officer, or 
     U.S. official from 3 years imprisonment to 8 years and 
     increases the maximum prison term for use of a deadly weapon 
     or infliction of bodily injury against a Federal judge, 
     Federal law enforcement officer, or U.S. official from 10 
     years imprisonment to 20 years.
       This section also increases the maximum prison term for 
     actual or attempted influencing, impeding, or retaliating 
     against a Federal judge, Federal law enforcement officer, or 
     U.S. official by threatening a family member of the employee, 
     from 5 to 10 years, and from 3 to 6 years if the threat is to 
     commit an assault.
       In addition, Section 11008 increases the maximum prison 
     term from 5 to 10 years for threats of injury or kidnapping 
     of any person mailed to a Federal judge, Federal law 
     enforcement officer, or U.S. official, and from 3 to 6 years 
     for extortionate threats to a Federal judge, Federal law 
     enforcement officer, or U.S. official.
       It directs the U.S. Sentencing Commission to amend the 
     Sentencing Guidelines to enhance penalties for assaults and 
     threats against a Federal judge, Federal law enforcement 
     officer, and U.S. official engaged in their official duties.
     Sec. 11009. The James Guelff and Chris McCurley Body Armor 
         Act of 2002
       Section 11009 defines the terms ``body armor,'' ``law 
     enforcement agency,'' and ``law enforcement officer.'' It 
     directs the U.S. Sentencing Commission to provide an 
     appropriate sentencing enhancement for any crime of violence 
     or drug trafficking crime in which the defendant used body 
     armor. It also states that it is the Sense of the Senate that 
     a minimum two-level enhancement is appropriate.
       Section 11009 makes it unlawful for a person who has been 
     convicted of a violent felony to purchase, own, or possess 
     body armor. It provides an affirmative defense against 
     prosecution if the felon wore armor after obtaining 
     permission from employer, and possession of armor was 
     necessary for safe performance of lawful business activity. 
     Individuals who violate this prohibition are guilty of a 
     felony subject a fine and a maximum sentence of three years.
       This provision also empowers Federal law enforcement 
     agencies to donate surplus body armor directly to local and 
     state law enforcement departments. These agencies include the 
     Administrator of the Drug Enforcement Administration, the 
     Director of the FBI, the Commissioner of the Immigration and 
     Naturalization Service, the Director of the U.S. Marshals 
     service, the Director of the Bureau of Alcohol, Tobacco, and 
     Firearms, the Commissioner of Customs, and the Director of 
     the United States Secret Service. Only body armor that is not 
     required by the Federal government is eligible for donation.
     Sec. 11010. Persons authorized to serve search warrant
       Section 11010 amends section 2703 of title 18 by stating 
     that an officer's presence is not required to serve or 
     execute a search warrant directed to a provider of electronic 
     communication service or remote computing service for records 
     or other information pertaining to a subscriber of that 
     service.
     Sec. 11011. Study on reentry, mental illness, and public 
         safety
       Section 11011 requires the Attorney General to conduct a 
     study of offenders with mental illness who are released from 
     prison or jail to determine how many such offenders qualify 
     for Medicaid, SSI, or SSDI, how many of those who qualify are 
     actually enrolled in those programs, and how enrollment 
     affects whether such offenders commit further crimes, among 
     other things.
     Sec. 11012. Technical amendment to Omnibus Crime Control Act
       The current version of Section 802(b) [42 U.S.C. 
     (Sec. 3783(b)] of the Omnibus Crime Control and Safe Streets 
     Act gives rights of notice and appeal to applicants for the 
     Violence Against Women Act (VAWA) Grants to Encourage Arrests 
     program (Part U) whose applications have been denied. The 
     Grants to Encourage Arrests program is a discretionary grant 
     program and historically, a discretionary grant applicant is 
     not afforded a right of appeal of an application denial. This 
     is based on the rule that formula grants create an 
     ``entitlement,'' which gives formula grantees certain due 
     process rights of notice and hearing in the event a formula 
     grant application is denied. Discretionary grants, on the 
     other hand, do not create any entitlement, and consequently 
     discretionary grant applicants do not have such due process 
     rights.
       A second problem with the current version of Section 802(b) 
     is that it does not give VAWA formula grant applicants these 
     notice and appeal rights which they should have under the 
     entitlement concept, because it does not cite to the STOP 
     grant program in Part T, which is the VAWA formula grant 
     program. This is illustrated by the language of Section 
     802(b) by which all formula grant programs under the Omnibus 
     statute (except VAWA's STOP program) are covered by this 
     version of Section 802(b), and no other discretionary grant 
     program are referenced by this provision (except the 
     incorrect reference to VAWA's Grants to Encourage Arrest 
     program, which would be changed by this amendment). The 
     logical conclusion is that the reference to Part U was a 
     misdesignation, and that Congress intended to reference Part 
     T, the STOP formula grant program, and not Part U, the 
     discretionary Grants to Encourage Arrest program. 
     Accordingly, this section amends section 802(b) to give the 
     right of appeal to VAWA STOP formula applicants and would 
     also eliminate the right of appeal for discretionary grant 
     applicants, as Congress clearly intended.
     Sec. 11013. Debt collection improvement
       Section 11013 expands the use of the Department's Three 
     Percent Debt Collection Fund. This fund was established by 
     Section 108 of P.L. 103-121. The language of that Act permits 
     the Department to credit three percent of all civil debt 
     collections resulting from Department debt collection 
     activities to the Working Capital Fund (the Three Percent 
     Fund) and to use those deposits to the Fund only for the 
     costs of processing and tracking civil debt collection 
     litigation. The proposed language would expand the uses of 
     the Three Percent Fund and establish a two tier structure for 
     the expanded use of those funds.
       The first tier permits the Department would use deposits in 
     the fund for processing and tracking both civil and criminal 
     debt collection. Thereafter, if there are amounts remaining 
     in the Fund after paying the costs of processing and 
     tracking, the funds could be used for financial systems and 
     for debt-collection related personnel, administrative, and 
     litigation expenses. The second tier permits the Department 
     to use balances remaining after the costs of tracking and 
     processing have been paid to support its financial management 
     systems and to pay the costs of personnel, administration and 
     other debt-collection-related litigation expenses.

[[Page H6638]]

     Sec. 11014. SCAAP authorization
       Section 10014 reauthorizes the State Criminal Alien 
     Assistance Program (8 U.S.C. section 1231(i)(5)) through 
     fiscal year 2004.
     Sec. 11015. Use of annuity brokers in structured settlements
       Section 11015 reforms the Department of Justice's practice 
     for using annuity brokers in structured settlements in two 
     ways. First, it directs the Attorney General to establish a 
     list of annuity brokers who meet minimum qualifications for 
     providing annuity brokerage services in connection with 
     structured settlements entered by the United States. This 
     list shall be updated upon request by any annuity broker that 
     meets the minimum qualifications for inclusion on the list. 
     The Attorney General shall transmit the list, and any updates 
     to such list, to all United States Attorneys. Second, this 
     provision permits the United States Attorney (or his 
     designee) involved in any settlement negotiations (except 
     those negotiated exclusively through the Civil Division of 
     the Department of Justice) to have the exclusive authority to 
     select an annuity broker from the list of such brokers 
     established by the Attorney General, provided that all 
     documents related to any settlement comply with Department of 
     Justice requirements.
     Sec. 11016. INS processing fees
       Section 11016 states that processing fees for I-94, I-94W, 
     and I-68 forms are to be deposited in the Land Border 
     Inspection Fee Account, as requested by the Bush 
     Administration in its FY 2002 and 2003 budget submissions.
     Sec. 11017. United States Parole Commission extension
       Section 11017 extends the United States Parole Commission, 
     scheduled to cease operations later this year, for an 
     additional three years. There are numerous offenders who 
     remain under the supervision of the Parole Commission, which 
     is responsible for administering the supervised release of 
     District of Columbia offenders. This section also allows 
     current Commissioners to extend their service on the 
     Commission, and asks the Attorney General to conduct a study 
     on whether the Parole Commission is the appropriate entity to 
     administer supervised release for D.C. offenders.
     Sec. 11018. Waiver of foreign country residence requirement 
         with respect to international medical graduates
       Section 11018 extends until 2004 the program authorizing 
     visas for foreign medical graduates wishing to serve in the 
     United States, and raises the number of visas available per 
     State from 20 to 30.
     Sec. 11019. Pretrial disclosure of expert testimony relating 
         to defendant's mental condition
       Section 11019 restores two provisions of Rule 16 of the 
     Federal Rules of Criminal Procedure that were inadvertently 
     omitted when the Supreme Court transmitted a revision of the 
     Rules to Congress on April 29, 2002. The omitted provisions 
     impose reciprocal obligations on the government and 
     defendant, requiring each to disclose their expert witnesses' 
     testimony on the defendant's mental condition bearing on the 
     issue of guilt. The version of the Rules transmitted by the 
     Supreme Court take effect on December 1, 2002, unless 
     Congress acts to modify them. This section simply ensures 
     that the sections that were omitted are not thus deleted from 
     the Rules.
     Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 
         2002
       Section 11020 would streamline the process by which 
     multidistrict litigation governing disasters are adjudicated. 
     This section would save litigants time and money, but would 
     not interfere with jury verdicts or compensation rates for 
     attorneys.
       The genesis of Sec. 11020 of the conference report took 
     place during oversight hearings conducted in the 95th 
     Congress by the House Subcommittee on Courts, Civil Liberties 
     and the Administration of Justice (now Courts, the Internet 
     and Intellectual Property). These efforts were joined by 
     those of the Carter Administration to improve judicial 
     machinery by abolishing diversity of citizenship jurisdiction 
     and to delineate the jurisdictional responsibilities of state 
     and federal courts. Following Senate opposition to such 
     expansive change, the Subcommittee narrowed its focus and 
     began to concentrate on the problem of dispersed complex 
     litigation arising out of a single accident resulting in 
     multiple deaths or injuries.\2\
---------------------------------------------------------------------------
     \2\ Letter from Michael J. Remington, former Chief Counsel to 
     the Subcommittee on Courts, Civil Liberties and the 
     Administration of Justice of the Committee on the Judiciary, 
     U.S. House of Representatives, to Representative F. James 
     Sensenbrenner, Jr. (July 14, 1999).
---------------------------------------------------------------------------
       Legislation on this more specific issue was first 
     introduced in both the 98th and 99th Congresses. The House of 
     Representatives subsequently approved legislation highly 
     similar to Sec. 11020 of the conference report in the 101st 
     and 102nd Congresses; and the full House Committee on the 
     Judiciary favorably reported this language in the 103rd 
     Congress as well. Moreover, Sec. 11020 of the conference 
     report is highly similar to that set forth in Sec. 10 of the 
     Subcommittee substitute to H.R. 1252, the ``Judicial Reform 
     Act,'' from the 105th Congress, which the House passed in 
     amended form with Sec. 10 fully intact. In addition, during 
     the 106th Congress the House of Representatives passed the 
     precursor to Sec. 11020 of the conference report, H.R. 2112, 
     by voice vote under suspension of the rules. Section 11020 of 
     the conference report is now largely culled from Sec. 3 of 
     H.R. 860, which the House passed under suspension of the 
     rules on March 14, 2001. No hearings on H.R. 860 were held in 
     the 107th Congress given the ample legislative history that 
     preceded it from the 95th Congress through the 106th. The 
     Judicial Conference and the Department of Justice have also 
     supported these previous legislative initiatives.
       The need for enactment of Sec. 11020 of the conference 
     report was articulated by an attorney who testified on behalf 
     of a major airline manufacturer at the June 16, 1999, hearing 
     on H.R. 2112.\3\ It is common after a serious accident to 
     have many lawsuits filed in several states, in both state and 
     federal courts, with many different sets of plaintiffs' 
     lawyers and several different defendants. Despite this 
     multiplicity of suits, the principal issue that must be 
     resolved first in each lawsuit is virtually identical: Is one 
     or more of the defendants liable? Indeed, in lawsuits arising 
     out of major aviation disasters, it is common for the 
     liability questions to be bifurcated and resolved first, in 
     advance of any trial on individual damage issues. The waste 
     of judicial resources--and the costs to both plaintiffs and 
     defendants--of litigating the same liability question several 
     times over in separate lawsuits can be extreme.
---------------------------------------------------------------------------
     \3\ Letter on H.R. 2112 Before the Subcomm. on Courts and 
     Intellectual Property of the House Comm. on the Judiciary, 
     106th Cong., 1st Sess. (June 16, 1999) (statement of Thomas 
     J. McLaughlin, Esq., Perkins Coie, LLP, Attorneys for the 
     Boeing Company at 4-9)
---------------------------------------------------------------------------
       Different expert consultants and witnesses may be retained 
     by the different plaintiffs' lawyers handling each case. The 
     court in each lawsuit can issue its own subpoenas for records 
     and for depositions of witnesses, potentially conflicting 
     with the discovery scheduled in other lawsuits. Critical 
     witnesses may be deposed for one suit and then redeposed by a 
     different set of lawyers in a separate lawsuit. Identical 
     questions of evidence and other points of law can arise in 
     each of the separate suits, meaning that the parties in each 
     case may have to brief and argue--and each court may have to 
     resolve--the same issues that are being briefed, argued, and 
     resolved in other cases, sometimes with results that 
     conflict.
       Current efforts to consolidate all state and federal cases 
     related to a common disaster are incomplete because current 
     federal statutes restrict the ways in which consolidation can 
     occur--apparently without any intention to limit 
     consolidation. For example, plaintiffs who reside in the same 
     state as any one of the defendants cannot file their cases in 
     federal court because of a lack of complete diversity of 
     citizenship, even if all parties to the lawsuit want the case 
     consolidated. For those cases that cannot be brought into the 
     federal system, no legal mechanism exists by which they can 
     be consolidated, as state courts cannot transfer cases across 
     state lines. In sum, full consolidation cannot occur in the 
     absence of federal legislative redress.
       The changes set forth in Sec. 11020 of the conference 
     report speak directly to these problems. The revisions should 
     reduce litigation costs as well as the likelihood of forum-
     shopping in airline accident cases; and an effective one-time 
     determination of punitive damages would eliminate multiple or 
     inconsistent awards arising from multiforum litigation.
       Sec. 11020 Multiparty, Multiforum Jurisdiction of District 
     Courts. Section 11020 of the conference report would bestow 
     original jurisdiction on federal district courts in civil 
     actions involving minimal diversity jurisdiction among 
     adverse parties based on a single accident where at least 75 
     persons have died. The district court in which such cases are 
     consolidated would retain those cases for determination of 
     liability and punitive damages.
       More specifically, subsection 11020 of the conference 
     report creates a new Sec. 1369 of Title 28 of the U.S. Code 
     which confers original jurisdiction upon the federal district 
     courts of any civil action involving minimal diversity 
     between adverse parties that arise from a single accident and 
     where at least 75 people have died in the accident if (a) a 
     defendant resides in a state and a substantial part of the 
     accident occurred in another state or other location 
     (regardless of whether the defendant is also a resident of 
     the state where a substantial part of the accident occurred); 
     any two defendants reside in different states (regardless of 
     whether such defendants are also residents of the same state 
     or states); or (c) substantial parts of the accident occurred 
     in different states.
       Subsection (b) of new Sec. 1369 creates an exception to the 
     minimum diversity rule. In brief, a U.S. district court may 
     not hear any case in which a ``substantial majority'' of 
     plaintiffs and the ``primary'' defendants are all citizens of 
     the same state; and in which the claims asserted are governed 
     ``primarily'' by the laws of that same state. In other words, 
     only state courts may hear such cases. (This feature was one 
     of three changes proffered to the Senate in an effort to 
     develop greater support for H.R. 2112 in the waning days of 
     the 106th Congress.
       Subsection (c) of new Sec. 1369 sets forth certain 
     ``special rules'' and definitions. They include the 
     following:
       (1) Minimal Diversity. Exists between adverse parties if 
     any party is a citizen of a state and any adverse party is a 
     citizen of another state, a citizen/subject of a foreign 
     state, or a foreign state.
       (2) Corporation. Deemed to be a citizen of any state, and a 
     citizen or subject of any foreign state, in which it is 
     incorporated or has

[[Page H6639]]

     its principal place of business; and is deemed to be a 
     resident of any state in which it is incorporated or licensed 
     to do business.
       (3) Injury. Physical harm to a person, and physical damage 
     or destruction of tangible property, but only if physical 
     harm exists.
       (4) Accident. A sudden accident, or a natural event 
     culminating in an accident, that results in death or injury 
     incurred at a discrete location by at least 75 natural 
     persons.
       (5) State. Includes the District of Columbia, the 
     Commonwealth of Puerto Rico, and any territory or possession 
     of the United States.
       Subsection (d) of new Sec. 1369 permits any person with a 
     claim arising from an accident as defined by the terms of the 
     bill to intervene as a party plaintiff, even if that person 
     could not have brought an action in district court as an 
     original matter.
       Pursuant to subsection (e) of new Sec. 1369, a federal 
     district court in which an action is pending under the terms 
     of the bill must promptly notify the Multidistrict Litigation 
     Panel (MDLP) \4\ of the pendency.
---------------------------------------------------------------------------
     \4\ 28 U.S.C. Sec. 1407. The Mutidistrict Litigation Panel--a 
     select group of seven federal judges picked by the Chief 
     Justice--helps to consolidate lawsuits which share common 
     questions of fact filed in more than one judicial district 
     nationwide. Typically, these suits involve mass torts--a 
     plane crash, for exmaple--in which the plaintiffs are from 
     many different states. All things considered, the panel 
     attempts to identify the one U.S. district court nationwide 
     which is best adept at adjudicating pretrial matters. The 
     panel then remands individual cases back to the districts 
     where they were originally filed for trial unless they have 
     been previously terminated.
---------------------------------------------------------------------------
       Section 11020(b) of the conference report amends the 
     general federal venue statute \5\ by permitting any action 
     under the bill to be brought in any district court in which 
     any defendant resides or in which a substantial part of the 
     accident giving rise to the action took place.
---------------------------------------------------------------------------
     \5\ 28 U.S.C. Sec. 1391.
---------------------------------------------------------------------------
       Section 11020(c) of the conference report permits a 
     defendant in a civil action in state court to remove to the 
     appropriate federal district court under 28 U.S.C. Sec. 1441 
     if:
       (A) the action could have been brought under the terms of 
     Sec. 1369, or
       (B) The defendant is a party to an action which is or could 
     have been brought pursuant to the terms of the bill in a 
     federal district court and arises from the same accident as 
     the state court action.
       New Sec. 1441(e)(2)-(5), as created by Sec. 11020(c) of the 
     conference report, also sets forth the procedure for removal, 
     along with the terms by which an action is remanded back to 
     state court for determination of damages, including appellate 
     procedures governing liability. Any decision under 
     Sec. 1441(e) concerning remand for the determination of 
     damages is not reviewable by appeal or otherwise under new 
     paragraph (6).
       Finally, Sec. 11020(d) of the conference report establishes 
     service-of-process authority (new Sec. 1697) for actions 
     brought under its terms.
       The amendments made by Sec. 11020 of the conference report 
     shall apply to a civil action if the accident giving rise to 
     the cause of action occurred on or after the 90th day after 
     the date of enactment of the Act.
     Sec. 11021. Additional place of holding court in the Southern 
         District of Ohio
       This section authorizes judges in the Southern District of 
     Ohio to hold court in St. Clairsville, Ohio.
     Sec. 11022. Direct shipment of wine
       This section states that during any period that the Federal 
     Aviation Administration has in effect restrictions on airline 
     passengers to ensure their safety, a person who purchases 
     wine while visiting a winery can ship wine to another state 
     provided that the purchaser could have carried or brought the 
     wine into the state to which the wine is shipped. Further, 
     the purchaser must be of legal age to purchase alcohol, the 
     shipment must require an adult signature upon delivery and 
     the wine must be for personal use only and not for resale. 
     Within two years of the date of enactment, and at two-year 
     intervals thereafter, the Attorney General, in conjunction 
     with the FAA Administrator, must submit a report to the House 
     and Senate Committees on the Judiciary on the implementation 
     of this provision.
     Sec. 11023. Webster Commission implementation report
       This section implements a recommendation in the report of 
     the Commission for Review of FBI Security Programs, dated 
     March 31, 2002 (``Webster Commission''). Subsection (a) would 
     require the FBI Director to submit to the appropriate 
     Committees of Congress a plan for implementation of the 
     Webster Commission recommendations, including the costs of 
     such implementation. Subsection (b) would require the FBI 
     Director to submit to the appropriate Committee annual 
     reports on implementation of this plan for three years 
     thereafter. Subsection (c) defines the appropriate Committees 
     as the Senate and House Judiciary and Appropriations 
     Committees, the Senate Select Committee on Intelligence, and 
     the House Permanent Select Committee on Intelligence.
     Sec. 11024. FBI police
       This title provides statutory authorization for an already 
     existing FBI police force that protects FBI buildings and 
     adjacent streets. Currently, the FBI police suffers from a 
     high rate of turnover due to lower pay and fewer benefits 
     than the Uniformed Division of Secret Service or Capitol and 
     Supreme Court police. This title would close this disparity.
       The section defines the terms ``Director,'' ``FBI buildings 
     and grounds,'' and ``FBI police'' as used in the title. It 
     authorizes the FBI Director to establish the FBI police, 
     subject to the Attorney General's supervision, to protect 
     persons and property within FBI buildings and grounds, 
     including adjacent streets and sidewalks within 500 feet. FBI 
     buildings and grounds would include any building occupied by 
     the FBI and subject to FBI supervision and control, the land 
     on which such building is situated, and enclosed passageways 
     connecting such buildings. FBI police would be uniformed 
     representatives of the FBI with authority to make arrests and 
     otherwise enforce federal and D.C. laws, carry firearms, 
     prevent breaches of the peace, suppress unlawful affrays and 
     unlawful assemblies, and hold the same powers as sheriffs and 
     constables. FBI police would not have authority to serve 
     civil process. Pay and benefits would be equivalent to pay 
     and benefits for the Secret Service Uniformed Division. The 
     section provides that the authority of the Washington, D.C. 
     Metropolitan Police would not be affected by this title.
     Sec. 11025. Report on FBI information management and 
         technology
       This section would require the FBI Director, with 
     appropriate commends from other components of the Department 
     of Justice, to submit to the Congress a report on FBI 
     information management and technology, including whether the 
     authority is needed to waive normal procurement regulations. 
     The report would provide the results of pending Justice 
     Management Council studies and Inspector General audits and 
     submitting a 10-point plan for improving FBI information 
     management and technology to consider (1) to what extent 
     appropriate FBI technology management positions should be 
     personnel with commercial sector experience, (2) how access 
     to the most sensitive information can be audited so that 
     suspicious activity is subject to near contemporaneous 
     review, (3) how critical information systems can employ a 
     public key infrastructure, (4) how security features can be 
     tested (5) which FBI employees should receive instruction in 
     records and information management, (6) whether a reserve 
     should be established for research and development, (7) 
     whether administrative requirements for less costly software 
     purchases are necessary, (8) whether the FBI should contract 
     with an expert technology partner, (9) whether procedures 
     should be instituted to procure through contracts of other 
     agencies as necessary; and (10) whether system upgrades 
     should be tested before operational deployment.
     Sec. 11026. GAO report on crime statistics reporting
       This section requires the General Accounting Office to 
     report on how crime statistics are reported and used by 
     Federal law enforcement agencies. Specifically, the report 
     would identify policies that allow a case to be claimed or 
     reported by more than one law enforcement agency, the 
     conditions that allow such reporting to occur, the number of 
     such cases reported during a 4-year period, similar multiple 
     claims of credit for arrests, the use of such statistics for 
     administrative and management purposes, and relevant 
     definitions. The report would include recommendations for how 
     to eliminate unwarranted and duplicative reporting. Federal 
     law enforcement agencies would be required to comply with GAO 
     requests for information necessary to prepare the report.
     Sec. 11027. Crime-free rural States grants
       Section 11027 authorizes $30 million over three years for 
     the Attorney General to make grants to State criminal 
     justice, Byrne, or other designated agencies to develop rural 
     States' capacity to assist local communities in the 
     prevention and reduction of crime, violence, and substance 
     abuse.
     Sec. 11028. Motor vehicle franchise contract dispute 
         resolution process
       Section 11028 requires that whenever a motor vehicle 
     franchise contract provides for the use of arbitration to 
     resolve a controversy arising out of or relating to the 
     contract, arbitration may be used to settle the controversy 
     only if both parties consent in writing after such 
     controversy arises. This section also requires the arbitrator 
     to provide the parties with a written explanation of the 
     factual and legal basis for the decision. The section 
     provides that its provisions shall apply only to contracts 
     entered into, modified, renewed or extended after the date of 
     enactment.
     Sec. 11029. Holding court for the Southern Sistrict of Iowa
       Section 11029 states that the U.S. District Court for the 
     Southern District of Iowa may hold court in Rock Island, 
     Illinois, from January 1, 2003 through July 1, 2005, while 
     the Davenport, Iowa courthouse undergoes renovation.
     Sec. 11030. Posthumous citizenship restoration
       Section 11030 extends the deadline for allowing families of 
     non-citizen veterans who died while serving honorably in past 
     wars to apply for purely honorary posthumous citizenship on 
     the part of the deceased non-citizen veteran.
     Sec. 11030A. Extension of H-1B status for aliens with lengthy 
         adjudications
       Section 11030A allows for extension of H-1B status for 
     aliens who file a labor certification more than 365 days 
     before the end of their sixth year, and file an immigration 
     petition before the end of their sixth year. This provision 
     recognizes the lengthy processing times of the Department of 
     Labor.

[[Page H6640]]

     Sec. 11030B. Application for naturalization by alternative 
         applicant if citizen parent has died
       Section 11030B amends the Immigration and Nationality Act 
     to authorize the submission of an application for 
     naturalization under section 322 of such Act on behalf of a 
     child by the child's grandparent or legal guardian, if the 
     parent who otherwise would be authorized to submit such 
     application is deceased.

                      Subtitle B--EB-5 Amendments

                    CHAPTER 1--IMMIGRATION BENEFITS

     Sec. 11031. Removal of conditional basis of permanent 
         resident status for certain alien entrepreneurs, spouses, 
         and children
       Section 11031(a): This subsection sets forth new procedures 
     for certain investors to remove conditional resident status.
       Section 11031(b)(1): This subsection defines the investors 
     who qualify under this section. They must meet three 
     conditions: (1) they filed an I-526 petition and had it 
     approved by the INS between January 1, 1995 and August 31, 
     1998; (2) they obtained conditional resident status; and (3) 
     before the date of enactment of this bill they filed an I-829 
     to remove their conditional resident status.
       Section 11031(b)(2): This subsection allows investors whose 
     I-829 petitions have been denied an opportunity to file a 
     motion to reopen them, as long as they file the motion to 
     reopen within 60 days after enactment. If the investor is 
     outside the United States, the INS must parole the person 
     back into the country unless they are inadmissible or 
     deportable or they had a material misrepresentation in their 
     petition. If an investor whose I-829 petition was denied is 
     in removal proceedings, they too can file a motion to reopen 
     to apply under this bill.
       Section 11031(c): This subsection sets forth procedures to 
     determine whether investors can have their conditions 
     removed.
       Section 11031(c)(1): This subsection states that the INS 
     has 180 days after enactment to decide three things: (1) 
     whether the I-829 petition has any material 
     misrepresentations; (2) whether the investment created or 
     saved 10 jobs; and (3) whether the investor has substantially 
     complied with the investment requirement ($1 million or 
     $500,000). The section also states that investments in 
     regional centers or in troubled businesses count.
       Section 11031(c)(1)(D): This subsection gives investors a 
     choice of three dates by which to measure their compliance: 
     (1) the date the I-829 petition is filed; (2) six months 
     after the I-829 petition is filed; or (3) the date the INS 
     makes its determination.
       Section 11031(c)(1)(E): This subsection states that if the 
     investor meets the jobs and investment requirements and has 
     not made a material misrepresentation, the INS will remove 
     the conditional resident status and the investor and family 
     members become real permanent residents.
       Section 11031(c)(1)(F): This subsection states that if the 
     INS finds against the investors on any of the three grounds, 
     the Service must notify the investor, and the investor 
     receives a chance to rebut the adverse facts. If the investor 
     loses on the jobs or investment requirement, the INS will 
     continue the investor's conditional resident status for two 
     years. During that time the investor can try to meet those 
     requirements (see below). If the INS finds that the investor 
     made a material misrepresentation, the INS will terminate the 
     investor's conditional resident status. The investor can 
     appeal to the BIA and then seek judicial review. During 
     administrative or judicial review proceedings the investor 
     remains in conditional resident status.
       Section 11031(c)(2): This subsection provides for second 
     determinations two years later for those investors who could 
     not initially demonstrate the necessary number of jobs 
     created or amount invested.
       Section 11031(c)(2)(A): This subsection states that an 
     investor can combine investments made earlier with new 
     investments to show that altogether he or she invested the 
     total amount required. This includes investments in limited 
     partnerships.
       Section 11031(c)(2)(C): This subsection states that the 
     investor must file another I-829 during the 90 days preceding 
     the two-year anniversary. Failure to file will normally 
     terminate a conditional resident's status. There is a good 
     cause exception.
       Section 11031(c)(2)(E): This subsection states that if an 
     investor files another I-829 petition, the INS has 90 days to 
     decide three things: (1) whether the I-829 petition has any 
     material misrepresentations; (2) whether the investment 
     created or saved 10 jobs; and (3) whether the investor has 
     substantially complied with the investment requirement ($1 
     million or $500,000). The investor can aggregate money 
     invested before and jobs created or saved from the initial 
     investment. As before, investments in regional centers or in 
     troubled businesses count.
       Section 11031(c)(2)(F): This subsection states that if the 
     investor meets the job creation and investment requirements 
     and has not made a material misrepresentation, the INS will 
     remove the conditional resident status of the investor and 
     family members, who may become real permanent residents.
       Section 11031(c)(2)(G): This subsection states that if the 
     INS finds against an investor on any of the three grounds, 
     the Service must notify the investor, who may attempt to 
     rebut the adverse facts. If the investor loses, the INS 
     will terminate the investor's conditional resident status.
       Section 11031(d): This subsection states that an investor 
     whose conditional resident status is terminated can have an 
     immigration judge review that decision.
       Section 11031(e): This subsection provides that any alien 
     who was admitted on a conditional basis by virtue of being 
     the child of an EB-5 investor shall still be considered a 
     child for purposes of this title.
       Section 11031(f): This subsection defines ``full-time'' 
     employment to mean a position that requires at least 35 hours 
     a week.
     Sec. 11032. Conditional permanent resident status for certain 
         alien entrepreneurs, spouses, and children
       Section 11032 provides similar procedures for EB-5 
     investors whose I-526 petitions were approved, but who never 
     became conditional residents because the INS never acted on 
     their adjustment of status applications or because they 
     remained overseas. The key provisions of this section are 
     outlined below.
       Section 11032(a): This subsection states that the INS must 
     approve applications under this section within 180 days after 
     enactment.
       Section 11032(b): This subsection defines an eligible 
     individual as an investor who filed an I-526 petition that 
     was approved by the INS between January 1, 1995 and August 
     31, 1998, and who then timely filed an adjustment of status 
     application or applied for an immigrant visa overseas. 
     Investors are not eligible if they are inadmissible or 
     deportable on any ground.
       Section 11032(c): This subsection states that if the INS 
     revoked the I-526 petition on the ground that the investor 
     failed to meet the capital investment requirement, that 
     revocation is to be disregarded for purposes of this bill. If 
     the adjustment of status application or immigrant visa 
     application overseas is not pending on the date of enactment, 
     it is to be treated as reopened if (i) it is not pending 
     because the INS claims the investor never complied with the 
     capital investment requirement or (ii) the investor left the 
     United States without advance parole. If an investor applied 
     for adjustment of status in the United States but is now 
     overseas, the INS will establish a process to let them return 
     to the United States if necessary to obtain adjustment.
       Section 11032(e): This subsection states that like 
     investors covered by section 11031 above, investors covered 
     by this section must file an I-829 petition within two years 
     of becoming a conditional resident. The determinations and 
     process are similar for both section 11031 and section 11032 
     investors. For example, the Attorney General shall credit the 
     investor with funds invested and jobs created or saved both 
     prior to and after the date of enactment. This section gives 
     investors a choice of two dates by which to measure their 
     compliance: (1) the date they filed their adjustment of 
     status application; or (2) the date the INS decides the I-829 
     petition.
     Sec. 11033. Regulations
       Section 11033 requires the INS to publish implementing 
     regulations within 120 days of enactment. Until regulations 
     are promulgated, the INS may not deny a pending I-829 
     petition or adjustment of status application relating to an 
     alien covered under the terms of sections 11031 or 11032, or 
     commence or continue removal proceedings against affected EB-
     5 investors.
     Sec. 11034. Definitions
       Section 11034 states that the terms used in this title 
     shall have the meaning given such terms in section 101(b) of 
     the Immigration and Nationality Act (``INA''), unless 
     otherwise provided.

                  CHAPTER 2--AMENDMENTS TO OTHER LAWS

     Sec. 11035. Definition of ``Full-Time Employment''
       Section 11035 defines full-time employment for purposes of 
     section 203(b)(5) of the INA as a position that requiring at 
     least 35 hours a week.
     Sec. 11036. Eliminating enterprise establishment requirement 
         for alien entrepreneurs
       Section 11036 amends section 203(b)(5) of the INA to 
     eliminate the ``establishment'' requirement for EB-5 
     investors. Instead of showing that they have ``established'' 
     a commercial enterprise, Investors need only that they have 
     ``invested'' in a commercial enterprise. This section also 
     amends section 216A of the INA to eliminate the 
     ``establishment'' requirement for EB-5 investors who have 
     filed I-829 petitions. Instead of showing that they have 
     ``established'' a commercial enterprise, they need only show 
     that they have ``invested'' in a commercial enterprise. They 
     also must show that they have ``sustained'' their investment 
     actions over the two-year period. This section also clarifies 
     that a ``commercial enterprise'' may include a limited 
     partnership. The changes made by this section apply to I-526 
     and I-829 petitions pending on or after the date of 
     enactment.
     Sec. 11037. Amendments to pilot immigration program for 
         regional centers to promote economic growth
       Section 11037 amends section 610(a) of the 1993 Commerce, 
     State, Justice appropriations act to clarify that an EB-5 
     regional center can promote increased export sales, improved 
     regional productivity, job creation, or increased domestic 
     capital investment. This accords with a 2000 amendment that 
     became law, amending section 610(c) of the 1993 Act in a 
     similar way. Section 11037 also clarifies that the INS should 
     approve applications for EB-5 regional center status as long 
     as they are based on a general prediction concerning the 
     kinds of commercial enterprises

[[Page H6641]]

     that will receive capital from investors, the jobs that will 
     be created directly or indirectly as a result of the 
     investment of capital, and the positive economic impacts that 
     will result from the investment of capital.

             Subtitle C--Judicial Improvements Act of 2002

     Sec. 11041. Short title
       Section 11041 states that this subtitle may be cited as the 
     ``Judicial Improvements Act of 2002.''
     Sec. 11042. Judicial discipline procedures
       Section 11042 amends Part I of Title 28 to add a new 
     ``Chapter 16: Complaints Against Judges and Judicial 
     Discipline,'' which consists of:


             Quoted Section 351: Complaints; judge defined

       Allows any person who alleges that a circuit, district, 
     bankruptcy, or magistrate judge has engaged in improper 
     conduct, or that a judge is unable to perform his duties due 
     to mental or physical disability, to file a written complaint 
     with the clerk of the court of appeals for that judge's 
     circuit. The clerk will present the complaint to the chief 
     judge of the circuit, and to the judge who is the subject of 
     the complaint. If the chief judge is the subject of the 
     complaint, the second-most senior judge will receive the 
     complaint. (The chief judge may also independently identify a 
     complaint without receiving it in writing.)


         Quoted section 352: Review of complaint by chief judge

       The chief judge shall expeditiously review any complaint, 
     and can conduct a limited factual inquiry. The chief judge 
     may request that the judge whose conduct is at issue submit a 
     written response, which would not be shared with the 
     complainant without that judge's consent. The chief judge or 
     his or her designee may also communicate with the 
     complainant, the judge, and any other person with knowledge 
     of the matter. The chief judge shall not make findings of 
     fact about any matter reasonably in dispute. The chief judge 
     may issue a written order dismissing the complaint when: (a) 
     it does not follow the rules set out in this statute, (b) 
     when it is directly related to a judicial decision or ruling, 
     (c) when it is frivolous or its allegations are incapable of 
     being established through an investigation, or (d) when the 
     judge's limited inquiry demonstrates that the allegations are 
     false or lack factual foundation. The chief judge may also 
     conclude the proceeding if corrective action has been taken 
     or intervening events have mooted the complaint.
       The chief judge shall distribute any written order to the 
     complainant and the subject of the complaint.
       A party aggrieved by the decision of the chief judge may 
     petition the circuit's judicial council for review--denial of 
     such petition is not judicially reviewable. If the judicial 
     council accepts the petition, it can refer it for review to a 
     panel of no fewer than five members of the council, including 
     at least two district court judges.


                 Quoted section 353: Special Committees

       If the chief judge does not issue an order dismissing the 
     complaint, he or she shall promptly appoint himself and equal 
     numbers of circuit and district judges of the circuit to a 
     special committee to investigate the allegations, providing 
     written notice of such action to the complainant and the 
     subject. The committee shall conduct an investigation as 
     extensive as it feels necessary, and expeditiously file a 
     comprehensive written report with the judicial council of the 
     circuit. The report shall include both the findings of the 
     investigation and recommendations for appropriate action by 
     the judicial council.


             Quoted section 354: Action by Judicial Council

       Upon receipt of a report from the special committee, the 
     judicial council may: (1) conduct any additional 
     investigation it considers necessary, (2) dismiss the 
     complaint, and (3) if the complaint is not dismissed, take 
     any appropriate action to assure the effective and 
     expeditious administration of the courts. (The council may 
     also refer the complaint to the Judicial Conference of the 
     United States for its recommendation.) Such action may 
     include a temporary ban on cases being assigned to the judge 
     who was the subject of the complaint, and a private and/or 
     public censure or reprimand of the judge.
       For Article III judges, the council may certify the judge's 
     disability and request that the judge voluntarily retire. But 
     the council may not order removal from office. If the council 
     determines that an Article III judge has acted in a way that 
     might constitute grounds of impeachment, it should promptly 
     certify such determination to the Judicial Conference.
       For magistrate judges, the council may direct the chief 
     judge of the district of the magistrate judge to take such 
     action as the council considers appropriate. Any removal of a 
     magistrate or bankruptcy judge shall be in accordance with 
     existing law.


           Quoted section 355: Action by Judicial Conference

       Upon referral from a judicial council, the Judicial 
     Conference shall by majority vote take such action as it 
     considers appropriate, from the sanctions available under 
     section 354. If the Judicial Conference believes that 
     consideration of impeachment may be warranted, it shall send 
     that determination to the House of Representatives. Upon 
     receipt, the Clerk of the House of Representatives shall make 
     the Judicial Conference's determination available to the 
     public. If a judge has been convicted of a State or Federal 
     felony, and exhausted or waived all direct appeals, the 
     Judicial Conference may by majority vote send a determination 
     that consideration of impeachment may be warranted to the 
     House of Representatives, together with appropriate court 
     records. No referral from a judicial council is needed for 
     the Conference to take that step.


                   Quoted section 356: Subpoena power

       Provides subpoena powers to judicial councils, special 
     committees, the Judicial Conference, or a standing committee 
     appointed by the Chief Justice for purposes of an 
     investigation under this chapter.


            Quoted section 357: Review of orders and actions

       A complainant or judge aggrieved by an action of a judicial 
     council under section 354 can petition the Judicial 
     Conference for review.


                       Quoted section 358: Rules

       Each judicial council and the Judicial Conference may 
     create such rules as it deems appropriate for proceedings 
     under this chapter. Such rules must include (a) adequate 
     prior written notice to a judge who has been the subject of a 
     complaint; (b) the right of an accused judge to appear before 
     the investigating panel, call witnesses, and present evidence 
     and argument; and (c) the complainant being given the 
     opportunity to appear for proceedings if the panel believes 
     he or she could provide substantial information. Rules must 
     be made public and are subject to modification by the 
     Judicial Conference.


                    Quoted section 359: Restrictions

       No judge whose conduct is the subject of investigation can 
     serve upon an investigatory panel, a judicial council, or the 
     Judicial Conference until proceedings under this chapter are 
     terminated. No person has the right to intervene or appear as 
     an amicus in any proceeding before a judicial council or the 
     Judicial Conference under this chapter.


             Quoted section 360: Disclosure of information

       Except for referrals to the House of Representatives, all 
     matters related to investigations under this chapter shall be 
     confidential and not disclosed by any person in any 
     proceeding, with certain exceptions.


             Quoted section 361: Reimbursement of expenses

       When a complaint is dismissed, the judge who was its 
     subject may be reimbursed for reasonable expenses, including 
     attorneys' fees, incurred during the investigation.


      Quoted section 362: Other provisions and rules not affected

       Nothing in this chapter shall be construed to affect any 
     other provision of this title, the Federal Rules of Civil or 
     Criminal Procedure, Appellate Procedure, or Evidence.


  Quoted section 363: Court of Federal Claims, Court of International 
            Trade, Court of Appeals for the Federal Circuit

       Each named court shall establish rules consistent with this 
     chapter to evaluate complaints against its judges, and shall 
     have the powers granted by this chapter to a judicial 
     council.


            Quoted section 364: Effect of felony conviction

       Any judge who has been convicted of a State or Federal 
     felony and has exhausted all available means for direct 
     review of that conviction shall not accrue credit toward 
     retirement benefits or hear or decide cases unless the 
     judicial council of the circuit determines otherwise.
     Sec. 11043. Technical amendments
       Section 11043 makes technical amendments necessitated by 
     the bill.
     Sec. 11044. Severability
       Section 11044 states that if any part of this subtitle is 
     found unconstitutional, the remainder of the Act will not be 
     affected.

       Subtitle D--Antitrust Modernization Commission Act of 2002

     Sec. 11051. Short title
       Section 11051 states that this subtitle may be cited as the 
     ``Antitrust Modernization Commission Act of 2002.''
     Sec. 11052. Establishment
       Section 11052 establishes the Commission.
     Sec. 11053. Duties of the Commission
       Section 11053 states that the Commission's duties are to 
     examine whether the antitrust laws are in need of 
     modernization, to solicit the views of all concerned parties, 
     to evaluate proposals, and to prepare and submit a report to 
     Congress and the President.
     Sec. 11054. Membership
       Section 11054 states the Commission will have 12 members, 
     with four appointed by the President, two each by the 
     majority and minority leaders of the Senate, and two each by 
     the Speaker and minority leader of the House. The President's 
     nominees will include two members of the opposing party, to 
     be chosen by that party's Congressional leaders. The 
     President will choose the chair of the Commission, while the 
     Congressional leaders from the other party will choose the 
     vice chair.
     Sec. 11055. Compensation of the Commission
       Section 11055 states that government employees will not be 
     compensated for their service on the Commission, while 
     nongovernment employees will receive the daily equivalent of 
     the annual rate of basic pay payable for level IV of the 
     Executive Schedule.

[[Page H6642]]

     Sec. 11056. Staff of Commission; experts and consultants
       Section 11056 states that the chairperson of the Commission 
     may appoint and terminate an executive director and other 
     necessary staff, and use experts and consultants.
     Sec. 11057. Powers of the Commission
       Section 11057 states that the Commission may hold such 
     hearings and take such testimony as it considers appropriate, 
     may take testimony under oath, and obtain information 
     directly from any executive agency or court.
     Sec. 11058. Report
       Section 11058 states that the Commission shall submit a 
     detailed report to Congress and the President within three 
     years after its first meeting, including recommendations for 
     legislative and administrative action the Commission 
     considers appropriate.
     Sec. 11059. Termination of Commission
       Section 11059 states that the Commission shall cease to 
     exist 30 days after it submits its report.
     Sec. 11060. Authorization of appropriations
       Section 11060 authorizes $4 million to carry out this 
     subtitle.

                       TITLE II--JUVENILE JUSTICE

              Subtitle A--Juvenile Offender Accountability

     Sec. 12101. Short title
       This section provides that the short title of this subtitle 
     may be cited as the ``Consequences for Juvenile Offenders Act 
     of 2002.''
     Sec. 12102. Juvenile offender accountability
       Section 12101 establishes a juvenile offender 
     accountability block grant program for states, authorized at 
     $350,000,000 per year through FY2005.


                Quoted Section 1801: Program Authorized

       Authorizes the Attorney General to provide grants to 
     States, and in certain cases directly to eligible units of 
     local government, for use by States and localities for the 
     purpose of strengthening their juvenile justice systems. 
     Subsection (b) provides an illustrative list of acceptable 
     expenditures for the grant money. Generally, funded programs 
     are aimed at ensuring that juveniles receive appropriate 
     sanctions and face consequences for their wrongdoing.


                 Quoted Section 1802: Grant Eligibility

       This section establishes the eligibility criteria for 
     States and localities to receive funding under the grant 
     program. Section 1802(a) provides that States applying for 
     grant funds must provide the Attorney General with 
     information about the proposed activities the State and its 
     localities will carry out with the grant and the criteria by 
     which the State proposes to assess the effectiveness of such 
     activities on achieving the purposes of this part. The 
     applicant must provide the Attorney General with assurances 
     that the State and any localities within the State that 
     qualify for funding have in effect, or will have in effect 
     within one year of submitting its application, policies and 
     programs that provide for a system of graduated sanctions as 
     defined in Section 1802(c).
       Section 1802(b) establishes the eligibility criteria for 
     localities, both within States which qualify for funding, and 
     within States that do not qualify or apply for funds, to 
     receive grant funds under the section. Section 1802(b)(1)(A) 
     requires that the localities must provide information about 
     the activities the localities propose to carry out with the 
     subgrant and the criteria by which the locality proposes to 
     assess the effectiveness of such activities. Section 
     1802(b)(1)(B) requires that localities must provide 
     assurances that a system of graduated sanctions is or will be 
     in effect within one year of applying for the funds.
       Section 1802(c) describes the four requirements that a 
     system of graduated sanctions must meet for an applicant to 
     qualify for the grant funds: (1) the sanctions must be 
     imposed on a juvenile offender for each delinquent offense; 
     (2) the sanctions escalate in intensity with each subsequent, 
     more serious delinquent offense; (3) the system have 
     sufficient flexibility to allow for individualized sanctions 
     and services suited to the individual juvenile offender; and 
     (4) the system should accord appropriate consideration to 
     public safety and victims of crime.
       Section 1802(d) provides that a State or locality may 
     qualify for the grant funds even if its system of graduated 
     sanctions is discretionary. A State or locality does not have 
     to require all of its juvenile courts to impose graduated 
     sanctions or to impose them in every case. In States and 
     localities where the imposition of graduated sanctions is 
     discretionary, the juvenile courts that do not impose 
     graduated sanctions must report at least annually to the 
     applicable State or locality why graduated sanctions were not 
     imposed in all such cases.
       Section 1802(e) defines the terms ``discretionary'' and 
     ``sanctions.'' The term discretionary means that each and 
     every juvenile court in a State or locality does not have to 
     impose a system of graduated sanctions. The term sanctions 
     means tangible, proportional consequences that hold juvenile 
     offenders accountable for the offense committed. A sanction 
     may include, but is not limited to, counseling, restitution, 
     community service, a fine, supervised probation, or 
     confinement.


       Quoted Section 1803: Allocation and Distribution of Funds

       Section 1803(a) provides that each State is to receive 0.50 
     percent of the total grant funds. The term ``State'' is 
     defined in Section 1809. The remaining funds are then to be 
     distributed among the States based on the size of each 
     State's juvenile population.
       Section 1803(b)(1) requires that a participating State must 
     distribute to its participating localities 75 percent of the 
     total grant funds the State receives. This ``pass-through'' 
     provision is aimed at ensuring that localities receive most 
     of the funding when they bear most of the juvenile justice 
     expenditures.
       Section 1803(b)(2) provides for a waiver of the pass-
     through provision when the State is responsible for more than 
     25 percent of the total juvenile justice expenditures in the 
     State. The State may seek a waiver of the pass-through 
     requirement from the Attorney General so that it may keep 
     a share of the grant funds equal to its share of the total 
     expenditures in that State.
       Section 1803(b)(3) provides an allocation formula to 
     distribute the grant funding among the localities within a 
     State. The allocation formula is intended to provide maximum 
     resources to the localities that bear the largest burden in 
     administering the juvenile justice system in the 
     participating State. Under the formula, each State determines 
     the amount that each of its localities receives, based on a 
     combination of juvenile justice expenditures and the level of 
     violent crime in each locality.
       Section 1803(b)(4) provides that a local government shall 
     not receive a subgrant of more than 100 percent of its 
     juvenile justice expenditures.
       Section 1803(c) requires the State to investigate the 
     methodology used by a locality to determine the accuracy of 
     the locality's submitted data, if the State has reason to 
     believe such information is insufficient or inaccurate.
       Section 1803(d) provides that States shall expend money on 
     services to localities whose allotments are less than 
     $10,000.
       Section 1803(e) provides that the Attorney General will 
     reserve not more than 75 percent of the allocation that a 
     non-qualifying State would have received under section 
     1803(a) if it had qualified. This reserve will be used to 
     provide grants to localities that meet the requirements for 
     funding under section 1802 even though they are in the non-
     qualifying States.


                    Quoted Section 1804: Guidelines

       Section 1804(a) requires the Attorney General to issue 
     guidelines establishing procedures under which a State or 
     locality that receives funds is required to provide notice 
     regarding the proposed use of funds made available under this 
     part.
       Section 1804(b) requires an eligible State or locality to 
     establish an advisory board to review the proposed uses of 
     such funds. The members of the board must include 
     representatives of: State and local police departments, 
     prosecutors' offices, juvenile courts, probation offices, 
     educational agencies, and social service agencies; the local 
     sheriff's departments; nonprofit, nongovernmental victim 
     advocacy organizations; and nonprofit, religious or community 
     groups.


               Quoted Section 1805: Payment Requirements

       This section establishes various provisions regarding 
     payment of funds to eligible States and localities and 
     repayment of unexpended funds to the Attorney General. Grant 
     recipients may use no more than 5 percent of any grant funds 
     received for administrative costs.


         Quoted Section 1806: Utilization of the Private Sector

       This section provides that States or localities may use the 
     funds to contract with private, nonprofit entities or 
     community-based organizations to carry out the purposes of 
     section 1801.


             Quoted Section 1807: Administrative Provisions

       This section establishes administrative provisions for 
     recipient State or localities that receive funds directly 
     from the Attorney General. The recipient of the funds must 
     establish a trust fund and deposit all payments received 
     under this grant program into that trust.


                Quoted Section 1808: Assessment Reports

       This section requires that a State or locality that 
     receives the grant or subgrant funding must provide a report 
     to the Attorney General summarizing the activities carried 
     out with the funds and assessing the effectiveness of those 
     activities. This section also includes a waiver provision for 
     activities that are not practical to assess.


                    Quoted Section 1809: Definitions

       This section provides definitions of key terms used in the 
     legislation.


          Quoted Section 1810: Authorization of Appropriations

       This section authorizes $350 million a year for through 
     fiscal year 2005 to fund the programs under this title.

  Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002

     Section 12201. Short title
       Section 12201 states that this subtitle may be cited as the 
     ``Juvenile Justice and Delinquency Prevention Act of 2002.''
     Section 12202. Findings
       Section 12202 states the findings of Congress on the 
     seriousness of juvenile crime and the need to address the 
     problem through both prevention and accountability programs.

[[Page H6643]]

     Section 12203. Purpose
       Section 12203 states that the purpose of this subtitle is 
     to assist State and local governments in preventing acts of 
     juvenile delinquency and holding offenders accountable.
     Section 12204. Definitions
       Section 12204 modifies and adds to the definitions under 
     the Juvenile Justice and Delinquency Act. It defines 
     ``graduated sanctions,'' ``contact,'' ``adult inmate,'' 
     ``violent crime,'' ``collocated facilities,'' and ``related 
     complex of buildings.'' The definition for ``contact'' adopts 
     current Federal regulations, as found in section 31.303 of 
     Title 28 of the Code of Federal Regulations.
     Section 12205. Concentration of Federal effort
       Section 12205 modifies the duties of the Administrator of 
     the Office of Juvenile Justice and Delinquency Prevention by, 
     among other things, requiring him to issue model standards 
     for providing mental health care to incarcerated juveniles 
     within one year of enactment.
     Section 12206. Coordinating Council on Juvenile Justice and 
         Delinquency Prevention
       Section 12206 makes a technical correction to the JJDPA, 
     making it comply with the current title of the House 
     Education and Workforce Committee.
     Section 12207. Annual report
       Section 12207 amends section 207 of the JJDPA to require an 
     annual evaluation of the effectiveness of programs funded 
     under this title.
     Section 12208. Allocation
       Section 12208 amends section 222 of the JJDPA to make 
     technical changes to clarify the process by which States and 
     territories receive funding under the Act.
     Section 12209. State plans
       Section 12209 amends section 223 of the JJDPA to amend or 
     eliminate specific state plan requirements and modify the 
     list of activities eligible for funding under the formula 
     grant program.
     Section 12210. Juvenile Delinquency Prevention Block Grant 
         Program
       Section 12210 amends Title II of the JJDPA by repealing 
     Part C (National Programs), Part D (Gangs), Part E (State 
     Challenge Activities), Part F (Treatment of Juvenile 
     Offenders Who Are Victims of Child Abuse or Neglect), Part G 
     (Mentoring), Part H (Boot Camps), and the first sub-part of 
     Part I (White House Conference on Juvenile Justice). In their 
     place, the section creates a new Part C that establishes the 
     Juvenile Delinquency Prevention Block Grant and sets forth 
     the allocation of funds, state plan requirements and criteria 
     and eligibility for grants for local projects.
     Section 12211. Research; evaluation; technical assistance; 
         training
       Section 12211 amends Title II of the JJDPA by creating a 
     new Part D that authorizes research, training, technical 
     assistance and information dissemination regarding juvenile 
     justice matters through the Office of Juvenile Justice and 
     Delinquency Prevention.
     Section 12212. Demonstration projects
       Section 12212 amends Title II of the JJDPA by creating a 
     new Part E that permits the administrator to award grants for 
     developing, testing, and demonstrating new initiatives and 
     programs for the prevention, control or reduction of juvenile 
     delinquency.
     Section 12213. Authorization of appropriations
       Section 12213 authorizes such sums as may be appropriate to 
     carry out Title II of this act.
     Section 12214. Administrative authority
       Section 12214 amends Section 299A of the JJDPA to modify 
     the administrator's authority to establish rules, 
     regulations, and procedures.
     Section 12215. Use of funds
       Section 12215 amends Section 299C of the JJDPA to state, 
     among other things, that no funds shall be paid to a 
     residential program unless the State in which it is located 
     has minimum licensing standards.
     Section 12216. Limitations on use of funds
       Section 12216 amends Title II, Part F of the JJDPA by 
     adding a requirement that funds not be used to support the 
     unsecured release of juveniles charged with a violent crime.
     Section 12217. Rules of construction
       Section 12217 amends Title II, Part F of the JJDPA by 
     adding a new section to clarify that nothing in Titles I or 
     II (a) prevents otherwise eligible organizations from 
     receiving grants, or (b) should be construed to modify or 
     affect existing federal or state laws related to collective 
     bargaining rights of employees.
     Section 12218. Leasing surplus Federal property
       Section 12218 amends Title II, Part F of the JJDPA to 
     permit the administrator to receive surplus Federal property 
     and lease it to eligible entities for use in juvenile 
     facilities or for delinquency prevention and treatment 
     activities.
     Section 12219. Issuance of rules
       Section 12219 amends Title II, Part F of the JJDPA to allow 
     the administrator to issue rules to carry out the title.
     Section 12220. Content of materials
       Section 12220 amends Title II, Part F of the JJDPA to add a 
     new section requiring that materials funded by this act for 
     the purpose of hate crimes prevention shall not abridge or 
     infringe upon the constitutionally protected rights of free 
     speech, religion, and equal protection of juveniles or their 
     parents or legal guardians.
     Section 12221. Technical and conforming amendments
       Section 12221 sets forth technical and conforming 
     amendments.
     Section 12222. Incentive grants for local delinquency 
         prevention programs
       Section 12222 reauthorizes Title V of the JJDPA, which 
     provides for grants for delinquency prevention programs and 
     activities for juveniles who have had contact with the 
     juvenile justice system or who are likely to have contact 
     with the juvenile justice system, with minor amendments.
     Section 12223. Effective date; application of amendments
       Section 12223 sets forth the effective date of the act and 
     states that amendments made by the act shall apply to fiscal 
     years beginning after September 30, 2002.

                Subtitle C--Amendments to 18 U.S.C. 5037

     Section 12301. Amendments to 18 U.S.C. 5037
       Section 12301 amends 18 U.S.C. Sec. 5037 to modify current 
     federal law regarding the sentencing of juvenile delinquents. 
     Specifically, it (1) provides authority to impose a term of 
     juvenile delinquency supervision to follow a term of official 
     detention, (2) provides authority to sanction a violation of 
     probation when a person adjudicated a juvenile delinquent is 
     over 21 at the time of the violation, and (3) makes technical 
     corrections in response to the Supreme Court's decision in 
     United States v. R.L.C.

                    TITLE III--INTELLECTUAL PROPERTY

         Subtitle A--Patent and Trademark Office Authorization

     Sec. 13101. Short Title
       Section 13101 states that the short title of this subtitle 
     is the ``Patent and Trademark Authorization Act of 2002.''
     Sec. 13102. Authorization of amounts available to the Patent 
         and Trademark Office
       Section 13102 would authorize the PTO to receive 
     appropriations for fiscal years 2003 through 2008 in amounts 
     equal to those fees collected by the agency in each such 
     fiscal year. The Director of the PTO must submit estimates of 
     the fees for the next fiscal year to the Committees on 
     Appropriations and Judiciary of the Senate and the Committees 
     on Appropriations and Judiciary of the House of 
     Representatives no later than February 15 each fiscal year. 
     If enacted, however, this full-funding authorization would 
     still be subject to appropriations.
     Sec. 13103. Electronic filing and processing of patent and 
         trademark applications
       Section 13103 requires the Director to develop a user-
     friendly electronic system for the filing and processing 
     patent and trademark applications. This electronic system 
     must also allow examiners and applicants to send all 
     communications electronically, and should allow the PTO to 
     process, maintain, and search electronically the contents and 
     history of each application. The system must be completed 
     within 3 years of the date of enactment of this legislation. 
     This section authorizes not more than $50,000,000 for each of 
     fiscal years 2003, 2004 and 2005 to carry out this section. 
     These amounts will remain available until expended.
     Sec. 13104. Strategic Plan
       Section 13104 requires the Secretary of Commerce to submit 
     annual updates on the implementation of the ``21st Century 
     Strategic Plan'', which was issued on June 3, 2002, and any 
     amendments to that plan. These annual reports should be 
     submitted to Committees on the Judiciary of the Senate and 
     House of Representatives in the five calendar years following 
     the date of enactment of this act.
     Sec. 13105. Determination of substantial new question of 
         patentability in reexamination proceedings
       Section 13105 modifies the sections of Title 35 of the U.S. 
     Code that instruct the Director to determine whether 
     substantial new questions of patentability are raised by 
     requests for prior art citations to the Office, ex parte 
     reexaminations of patents, or inter partes reexaminations of 
     patents. In each of these cases, language is added to the 
     Title to clarify that the existence of a substantial new 
     question of patentability is not necessarily precluded by the 
     fact that a patent or printed publication has been previously 
     cited by the Office or considered by the Office. This section 
     states that these amendments to the U.S. Code will be 
     effective for any determinations made by the Director on or 
     after the enactment of this bill.
     Sec. 13106. Appeals in inter partes reexamination proceedings
       Section 13106 amends 35 U.S.C. Sec. 315 by adding the Court 
     of Appeals for the Federal Circuit as a venue where a third 
     party requester may appeal, or be a party to an appeal of, a 
     final decision on patentability.
       This section strikes the section in the Code that states 
     that the third-party requester may not appeal the decision of 
     the Board of Patent Appeals and Interferences. It explicitly 
     adds third-party requesters to those who may request an 
     appeal or participate in an appeal of a decision by the Board 
     of Patent Appeals and Interferences. It also states that all 
     of the amendments found in this section apply to any 
     reexamination begun on or after the date of enactment of this 
     bill.

    Subtitle--B Intellectual Property and High Technology Technical 
                               Amendments

     Sec. 13201. Short title
       Section 13201 may be cited as the ``Intellectual Property 
     and High Technology Technical Amendments Act of 2002.''

[[Page H6644]]

     Sec. 13202. Clarification of Reexamination Procedure Act of 
         1999; technical amendments
       Reexamination is an administrative proceeding in which a 
     patent may be reviewed in light of new evidence affecting its 
     patentability (``prior art'').\6\ Traditionally, 
     reexamination operated only between the patent owner and the 
     PTO (ex parte). As part of the AIPA, a new inter partes 
     reexamination procedure was established to allow a third 
     party also to challenge the validity of a patent or its 
     claims through the introduction of new evidence. While this 
     inter partes procedure is considered beneficial because it 
     provides cost savings over court litigation, some critics 
     were concerned it would be abused. As a result, reexamination 
     through the inter partes mechanism was designed with certain 
     limitations (e.g., estoppel provisions) which do not apply in 
     ex parte reexamination under the Patent Act.
---------------------------------------------------------------------------
     \6\ 35 U.S.C. Sec. 301 et seq.
---------------------------------------------------------------------------
       Section 13202 of the bill merely clarifies the Patent Act's 
     inter partes reexamination section by stipulating that it 
     will apply to the proper parties and operate as envisioned. 
     For example, the term ``third-party requester'' is inserted 
     in lieu of ``persons,'' since only a third party may invoke 
     this inter partes reexamination. This is logical because a 
     patent owner has more rights under ex parte reexamination and 
     would not choose to use the inter partes procedures even if 
     available.
       The bill, under paragraph (c), specifies that the effective 
     date of these reexamination procedures shall apply to any 
     reexamination on or after the date of the act's enactment.
     Sec. 13203. Patent and Trademark Efficiency Act amendments
       The AIPA contained a title (the ``Patent and Trademark 
     Efficiency Act'') to modernize the PTO by transforming it 
     into a more autonomous and efficient agency. The first 
     section of the bill clarifies the status and authority of the 
     Deputy Director of the PTO under this reorganization. The 
     amendments made by the succeeding two paragraphs also conform 
     the membership of the Trademark Trial and Appeal Board and 
     the Board of Patent Appeals and Interferences to include the 
     Deputy Director, as under current statute.
       Section 13203 amends section 5, chapter 1, of title 35. The 
     employees of the PTO are currently prohibited from having an 
     ownership interest in patents.\7\ Members of the newly-
     established Public Advisory Committee are currently 
     considered employees of the Office. Currently, those 
     individuals who possess the most thorough understanding of 
     the patent system (for example, independent inventors) are 
     prohibited from participating on the Public Advisory 
     Committee. This subsection eases this restriction on those 
     serving on the Public Advisory Committee in light of the 
     goals of the AIPA.
---------------------------------------------------------------------------
     \7\ 35 U.S.C. Sec. 4.
---------------------------------------------------------------------------
       This section eliminates the need for a signature to be 
     attested on a patent grant. This amendment removes one step 
     of the agency's bureaucracy and allows the PTO to issue 
     patents more expeditiously.
     Sec. 13204. Domestic publication of Foreign Filed Patent 
         Applications Act of 1999 amendments
       The AIPA established the early publication of patent 
     applications in the U.S. patent system for the first time 
     along with certain conditions and new rights for inventors. 
     One such right is a corresponding provisional right (e.g., a 
     reasonable royalty) in patent infringement cases. These 
     provisions will take effect 1 year after the AIPA's date of 
     enactment. Section 13204 is technical in nature and clarifies 
     the text regarding the statutory requirement for the 
     effective date of international applications which may 
     qualify for the provisional rights based on early 
     publication.
     Sec. 13205. Domestic Publication of Patent Applications 
         Published Abroad
       The AIPA established the early publication of patent 
     applications, as described above. One consequence of early 
     publication is its effect on the standard of novelty for a 
     patent application. Section 13205 and the following 
     paragraphs establish certain safeguards regarding the 
     interplay of the early publication of patent applications and 
     the review of novelty during the patent examination process. 
     It is an especially important safeguard in light of the fact 
     that the U.S. is a signatory of the Patent Cooperation 
     Treaty, an international convention allowing for the multi-
     national application of patents in several languages.
       Subsection 1 contains a safeguard that the PTO will only 
     rely on information published in English in patent 
     applications as it makes the essential determination of 
     novelty during the examination of a patent application. This 
     limits the evidence from foreign applications that may be 
     considered ``prior art'' and could affect patentability. This 
     is an important safeguard for independent inventors and small 
     American businesses that do not have access to expensive 
     translation services and the foreign patent offices.
       The effective date language relating to section 102(e) 
     generally provides that all patents, whenever granted, and 
     all pending applications for patents, whenever filed, will be 
     subject to prior art as defined by section 102(e) of title 35 
     effective as of November 29, 2000. However, patents resulting 
     from an international application filed before November 29, 
     2000 and applications published under section 122(b) of title 
     35 or Article 21(2) of the treaty defined in section 351(a) 
     of title 35 resulting from an international application filed 
     before November 29, 2000 will not be effective as prior art 
     references as of the filing date of the 
     international application. This exception includes patents 
     and published applications derived directly or indirectly 
     from international applications filed before November 29, 
     2000, including international applications that claim 
     benefit to an earlier application for patent in the United 
     States. Thus, for example, if an application for patent, 
     filed before, on, or after November 29, 2000, claims the 
     benefit to an international application filed before 
     November 29, 2000, and the international application, in 
     turn, claims the benefit to earlier filed United States 
     application for patent, neither the filing date of the 
     international application nor the filing date of the 
     earlier-filed application for patent in the United States 
     will be considered in determining when the resulting 
     published application or patent is effective as a prior 
     art reference under section 102(e) of title 35 effective 
     on November 29, 2000. However, under section 102(e) of 
     title 35 as amended by the AIPA, for patents and published 
     applications derived indirectly from an international 
     application filed before November 29, 2000 through a 
     bypass continuation application (an application for patent 
     filed under section 111 of title 35 that claims the 
     benefit of the filing date of an earlier international 
     application that did not enter the national stage under 
     section 371 of title 35), such patents and published 
     applications are effective as prior art references as of 
     the filing date of the bypass continuation application.
       This section also clarifies that a patent or pending 
     application for patent will be subject to prior art patents 
     resulting from international applications filed before 
     November 29, 2000 based on the provisions of section 102(e) 
     of title 35 in effect before November 29, 2000. Thus, such 
     patents may be prior art references as of the date of 
     compliance with the requirements of section 371 (c) (1), (2), 
     and (4) of title 35 and not the filing date of the 
     international application, unless the date of compliance with 
     the requirements of section 371(c)(1), (2), and (4) of title 
     35 coincides with the filing date of the international 
     application.
     Sec. 13206. Miscellaneous clerical amendments
       Section 13206 contains a series of highly technical 
     clerical amendments developed by the Office of Legislative 
     Counsel upon its own initiative. These changes to the Patent 
     Act are self-evident, and range from aligning paragraphs, 
     deleting quotation marks, correcting the fonts of headings, 
     and the like.
     Sec. 13207. Technical corrections in trademark law
       In Section 13207, the first paragraph clarifies the 
     statutory text of the Trademark Act as it relates to damages. 
     In 1999, the ``Anti-Cybersquatting Consumer Protection Act'' 
     \8\ established certain damages for willful violation of 
     Sec. 43(c) of the Trademark Act.\9\ The present language 
     entitles a plaintiff to damages, but it reads awkwardly. This 
     bill makes a technical correction to the text and thereby 
     removes the redundant text, without altering the substance of 
     available trademark infringement remedies.
---------------------------------------------------------------------------
     \8\ H.R. 3194, P.L. 106-113 (Nov. 29, 1999)
     \9\ 15 U.S.C. Sec. 1125(c)
---------------------------------------------------------------------------
       The second paragraph provides for additional technical 
     amendments, including four strictly clerical changes, such as 
     the deletion of a comma and the realignment of a paragraph. 
     The bill also makes additional changes to the Trademark Act 
     regarding the designation of persons involved with the filing 
     procedures for receiving notice and process correspondence 
     relating to the trademark registration.
     Sec. 13208. Patent and trademark fee clerical amendment
       Section 13208 corrects a clerical error pertaining to the 
     section of the law cited relating to the adjustment of 
     trademark fees and the consumer price index. The change to 
     the cited reference does not make a substantive change in 
     trademark law.
     Sec. 13209. Copyright related corrections to 1999 Omnibus 
         Reform Act
       Section 13209 makes amendments to Title I of IPCORA.
       Paragraph (1)(A) amends section 1007(2) by striking 
     ``paragraph (2)'' and inserting ``paragraph (2)(A)''.
       Paragraph (1)(B) amends section 1007(3) by striking 
     ``1005(e)'' and inserting ``1005(d)''. In section 1007(3), 
     the amendment instructions require paragraph 12 to be added 
     to subsection 119(a) ``as amended by section 1005(e)''. The 
     reference to section 1005(e) is wrong. Section 1005(d) 
     amended subsection 119(a), whereas section 1005(e) amended 
     subsection 119(d). Section 1005(d) amended subsection 119(a) 
     by adding paragraph 11. Section 1005(e) amended subsection 
     119(d) by rewriting its paragraph 11. This amendment corrects 
     this.
       Paragraph (2) amends section 1006(b) by striking 
     ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''. 
     Section 1006(b) amended section 119(b)(1)(B)(iii) by 
     inserting ``or the Public Broadcasting Service satellite 
     feed'' after ``network station''. Section 119(b)(1)(B)(ii), 
     not (iii), should have been amended. Section 
     119(b)(1)(B)(iii) contains no reference to ``network 
     station''. Section 119(b)(1)(B)(ii) does contain that 
     reference, and it is clear that section 1006(b) was intended 
     to amend section 119(b)(1)(B)(ii).

[[Page H6645]]

       Paragraphs (3)(A) and (3)(B) amend section 1006(a)(2) by 
     repealing it, redesignating the paragraphs and changing the 
     language in section 1011(b). The amendment in section 
     1006(b)(2) amends section 119(a)(1) by inserting new wording 
     so that the text will read as follows, with the new wording 
     italicized: ``primary transmission made by a superstation or 
     by the Public Broadcasting Service satellite feed and 
     embodying a performance or display of a work''.
       The amendment in section 1011(b)(2)(A) subsequently amends 
     the same language but does not take the first amendment into 
     account. It directs that section 119(a)(1) be amended to 
     delete ``primary transmission made by a superstation and 
     embodying a performance or display of a work'' (ignoring the 
     fact that ``or by the Public Broadcasting Service satellite 
     feed'' has been inserted into the middle of that phrase). In 
     lieu of that phrase, it inserts ``performance or display of a 
     work embodied in a primary transmission made by a 
     superstation'' (but without taking into account the addition 
     of ``or by the Public Broadcasting Service satellite feed''). 
     As a result, it is unclear what is to be done with the phrase 
     ``or by the Public Broadcasting Service satellite feed''. 
     Although the intent is clear, the language of sections 
     1006(a)(2) and 1011(b)(2)(A) does not necessarily accomplish 
     the intended result. These paragraphs clarify the ambiguity 
     and achieve the intended result.
     Sec. 13210. Amendments to title 17, United States Code
       Section 13210 makes amendments to title 17, United States 
     Code.
       Paragraph (1) amends section 119(a)(6) by striking ``of 
     performance'' and inserting ``of a performance''. Section 
     1011(b)(2) of IPCORA amended section 119(a)(6) so that 
     ``performance or display of a work embodied in'' is inserted 
     after ``by a satellite carrier of''. The word ``a'' is 
     missing between these two phrases. This section inserts it 
     before ``performance'' so that the language will read ``by a 
     satellite carrier of a performance or display of a work 
     embodied in''.
       Paragraph (2)(A) amends the section heading for section 122 
     by striking ``rights; secondary'' and inserting ``rights: 
     Secondary''. Section 1002(a) of IPCORA added section 122 to 
     title 17. The title of section 122 has editorial errors. To 
     make it consistent with the style used throughout title 17, 
     the title is changed to substitute a colon in lieu of the 
     semicolon and ``secondary'' is capitalized. Paragraph (2)(B) 
     amends the item relating to section 122 in the table of 
     contents for chapter 1 to make it consistent with the change 
     made by paragraph (2)(A).
       Paragraph (3)(A) amends the section heading for section 121 
     by striking ``reproduction'' and inserting ``Reproduction''. 
     Paragraph 3(B) amends the item relating to section 121 in the 
     table of contents for chapter 1 by striking ``reproduction'' 
     and inserting ``Reproduction''. This makes the heading for 
     section 121 and the table of contents for chapter 1 conform 
     to the editorial style used for the rest of the headings for 
     title 17 by capitalizing ``reproduction''.
       Paragraphs (4)(A), (4)(B), and (4)(C) amend cross 
     references to the limitations on exclusive rights in 
     copyright to include section 122. Throughout title 17, such 
     references to ``121'' are changed to ``122''. Paragraph 4(A) 
     amends section 106 by striking ``107 through 121'' and 
     inserting ``107 through 122''. Paragraph (4)(B) amends 
     section 501(a) by striking ``106 through 121'' and inserting 
     ``106 through 122''. Paragraph (4)(C) amends section 511(a) 
     by striking ``106 through 121'' and inserting ``106 through 
     122''.
       Paragraph (5)(A) amends section 101 by moving the 
     definition of ``computer program'' so that it appears after 
     the definition of ``compilation''. Paragraph (5)(B) amends 
     section 101 by moving the definition of ``registration'' so 
     that it appears after the definition of ``publicly''. This 
     amendment ensures that the definitions appear in alphabetical 
     order.
       Paragraph (6) amends section 110(4)(B) in the matter 
     preceding clause (i) by striking ``conditions;'' and 
     inserting ``conditions:''. A colon is the proper punctuation 
     when a phrase that introduces multiple subparts is worded to 
     include ``the following''.
       Paragraph (7) amends section 118(b)(1) in the second 
     sentence by striking ``to it''. This section was amended by 
     the Copyright Royalty Tribunal Reform Act of 1993 to 
     substitute ``Librarian of Congress'' for references to the 
     ``Copyright Royalty Tribunal'' (CRT). As originally enacted 
     by the Copyright Act of 1976, the second sentence in 
     subsection(b) used the pronoun ``it'' to refer to the CRT. As 
     amended in 1993, the sentence now states, ``The Librarian of 
     Congress shall proceed on the basis of the proposals 
     submitted to it. . . .'' This amendment corrects that 
     reference.
       Paragraphs (8)(A) and (B) amend section 119(b)(1)(A). 
     Paragraph (A) strikes ``transmitted'' and inserts 
     ``retransmitted''. Paragraph (B) strikes ``transmissions'' 
     and inserts ``retransmissions''. These paragraphs correct two 
     drafting errors in section 119(b)(1)(A) when it was enacted 
     by the Satellite Home Viewer Act of 1988.
       Paragraphs (9)(A), (B) and (C) amend section 203(a)(2). 
     Paragraph (9)(A)(i) amends subparagraph (A) by striking ``(A) 
     the'' and inserts ``(A) The''. Paragraph (9)(A)(ii) amends 
     subparagraph (A) by striking the semicolon at the end and 
     inserting a period. Paragraph (9)(B)(i) amends subparagraph 
     (B) by striking ``(B) the'' and inserting ``(B) The''. 
     Paragraph (9)(B)(ii) amends subparagraph (B) by striking the 
     semicolon at the end and inserting a period. Paragraph (9)(C) 
     amends subparagraph (C) by striking ``(C) the'' and inserting 
     ``(C) The''.
       Paragraphs (10)(A), (B) and (C) amend section 304(c)(2). 
     Paragraph (10)(A)(i) amends subparagraph (A) by striking 
     ``(A) the'' and inserting ``(A) The''. Paragraph (10)(A)(ii) 
     amends subparagraph (A) by striking the semicolon at the end 
     and inserting a period. Paragraph (10)(B)(i) amends 
     subparagraph (B) by striking ``(B) the'' and inserting ``(B) 
     The''. Paragraph (10)(B)(ii) amends subparagraph (B) by 
     striking the semicolon at the end and inserting a period. 
     Paragraph (10)(C) amends subparagraph (C) by striking ``(C) 
     the'' and inserting ``(C) The''. The addition of subparagraph 
     (C) to sections 203(a)(2) and 304(c)(2) resulted in 
     inconsistent punctuation and this amendment makes the 
     punctuation in sections 203(a)(2) and 304(c)(2) internally 
     consistent.
       Paragraph (11) amends the item relating to section 903 in 
     the table of contents for chapter 9 by striking ``licensure'' 
     and inserting ``licensing''. As originally enacted in 1984, 
     the table of contents for chapter 9 and the text each had a 
     different heading for section 903. The heading in the text 
     was the same as it is now, which is ``Ownership, transfer, 
     licensing, and recordation''. The heading in the table of 
     contents was, ``Ownership and transfer.'' In 1997, a 
     technical amendment changed the heading in the table of 
     sections to its present form, which is, ``Ownership, 
     transfer, licensure, and recordation.'' The 1997 amendment 
     did not change the heading in the text to make it the same. 
     This amendment makes both the table of contents and the 
     heading in the text the same.
       Paragraph (12) amends section 109 by striking subsection 
     (e). Section 803 of the Computer Software Rental Amendments 
     Act of 1990 amended section 109 of title 17 by adding 
     subsection (e). According to section 804(c) the amendments 
     made by section 803 shall not apply to public performances or 
     displays that occur on or after October 1, 1995. Therefore, 
     section 109 is expired.
     Sec. 13211. Other copyright related technical amendments.
       Section 13211 makes other technical and conforming 
     amendments. Paragraph (a) amends title 18, section 2319(e)(2) 
     by striking ``107 through 120'' and inserting ``107 through 
     122''. Paragraph (b)(1) and (2) correct an incorrect 
     reference to an uncodified title. It is incorrect to directly 
     cite to an uncodified title.

            Subtitle C--Educational Use Copyright Exemption

     Sec. 13301. Educational use copyright exemption
       Subsection (a) provides that this provision may be cited as 
     the ``Technology, Education and Copyright Harmonization Act 
     of 2002.''
     Subsection (b): Exemption of certain performances and 
         displays for educational uses
       Section 1(b) of the TEACH Act amends section 110(2) of the 
     Copyright Act to encompass performances and displays of 
     copyrighted works in digital distance education under 
     appropriate circumstances. The section expands the scope of 
     works to which the amended section 110(2) exemption applies 
     to include performances of reasonable and limited portions of 
     works other than nondramatic literary and musical works 
     (which are currently covered by the exemption), while also 
     limiting the amount of any work that may be displayed under 
     the exemption to what is typically displayed in the course of 
     a live classroom session. At the same time, section 1(b) 
     removes the concept of the physical classroom, while 
     maintaining and clarifying the requirement of mediated 
     instructional activity and limiting the availability of the 
     exemption to mediated instructional activities of 
     governmental bodies and ``accredited'' non-profit educational 
     institutions. This section of the Act also limits the amended 
     exemption to exclude performances and displays given by means 
     of a copy or phonorecord that is not lawfully made and 
     acquired, which the transmitting body or institution knew or 
     had reason to believe was not lawfully made and acquired. In 
     addition, section 1(b) requires the transmitting institution 
     to apply certain technological protection measures to protect 
     against retention of the work and further downstream 
     dissemination. The section also clarifies that participants 
     in authorized digital distance education transmissions will 
     not be liable for any infringement by reason of transient or 
     temporary reproductions that may occur through the automatic 
     technical process of a digital transmission for the purpose 
     of a performance or display permitted under the section. 
     Obviously, with respect to such reproductions, the 
     distribution right would not be infringed. Throughout the 
     Act, the term ``transmission'' is intended to include 
     transmissions by digital, as well as analog means.
       Works subject to the exemption and applicable portions
       The TEACH Act expands the scope of the section 110(2) 
     exemption to apply to performances and displays of all 
     categories of copyrighted works, subject to specific 
     exclusions for works ``produced or marketed primarily for 
     performance or display as part of mediated instructional 
     activities transmitted via digital networks'' and performance 
     or displays ``given by means of a copy or phonorecord that is 
     not lawfully made and acquired,'' which the transmitting body 
     or institution ``knew or had reason to believe was not 
     lawfully made and acquired.''

[[Page H6646]]

       Unlike the current section 110(2), which applies only to 
     public performances of non-dramatic literary or musical 
     works, the amendment would apply to public performances of 
     any type of work, subject to certain exclusions set forth in 
     section 110(2), as amended. The performance of works other 
     than non-dramatic literary or musical works is limited, 
     however, to ``reasonable and limited portions'' of less than 
     the entire work. What constitutes a ``reasonable and 
     limited'' portion should take into account both the nature of 
     the market for that type of work and the pedagogical purposes 
     of the performance.
       In addition, because ``display'' of certain types of works, 
     such as literary works using an ``e-book'' reader, could 
     substitute for traditional purchases of the work (e.g., a 
     text book), the display exemption is limited to ``an amount 
     comparable to that which is typically displayed in the course 
     of a live classroom setting.'' This limitation is a further 
     implementation of the ``mediated instructional activity'' 
     concept described below, and recognizes that a ``display'' 
     may have a different meaning and impact in the digital 
     environment than in the analog environment to which section 
     110(2) has previously applied. The ``limited portion'' 
     formulation used in conjunction with the performance right 
     exemption is not used in connection with the display right 
     exemption, because, for certain works, display of the entire 
     work could be appropriate and consistent with displays 
     typically made in a live classroom setting (e.g., short poems 
     or essays, or images of pictorial, graphic, or sculptural 
     works, etc.).
       The exclusion for works ``produced or marketed primarily 
     for performance or display as part of mediated instructional 
     activities transmitted via digital networks'' is intended to 
     prevent the exemption from undermining the primary market for 
     (and, therefore, impairing the incentive to create, modify or 
     distribute) those materials whose primary market would 
     otherwise fall within the scope of the exemption. The concept 
     of ``performance or display as part of mediated instructional 
     activities'' is discussed in greater detail below, in 
     connection with the scope of the exemption. It is intended to 
     have the same meaning and application here, so that works 
     produced or marketed primarily for activities covered by the 
     exemption would be excluded from the exemption. The 
     exclusion is not intended to apply generally to all 
     educational materials or to all materials having 
     educational value. The exclusion is limited to materials 
     whose primary market is ``mediated instructional 
     activities,'' i.e., materials performed or displayed as an 
     integral part of the class experience, analogous to the 
     type of performance or display that would take place in a 
     live classroom setting. At the same time, the reference to 
     ``digital networks'' is intended to limit the exclusion to 
     materials whose primary market is the digital network 
     environment, not instructional materials developed and 
     marketed for use in the physical classroom.
       The exclusion of performances or displays ``given by means 
     of a copy or phonorecord that is not lawfully made and 
     acquired'' under Title 17 is based on a similar exclusion in 
     the current language of section 110(1) for the performance or 
     display of an audiovisual work in the classroom. Unlike the 
     provision in section 110(1), the exclusion here applies to 
     the performance or display of any work. But, as in section 
     110(1), the exclusion applies only where the transmitting 
     body or institution ``knew or had reason to believe'' that 
     the copy or phonorecord was not lawfully made and acquired. 
     As noted in the Register's Report, the purpose of the 
     exclusion is to reduce the likelihood that an exemption 
     intended to cover only the equivalent of traditional concepts 
     of performance and display would result in the proliferation 
     or exploitation of unauthorized copies.\10\ An educator would 
     typically purchase, license, rent, make a fair-use copy, or 
     otherwise lawfully acquire the copy to be used, and works not 
     yet made available in the market (whether by distribution, 
     performance or display) would, as a practical matter, be 
     rendered ineligible for use under the exemption.
---------------------------------------------------------------------------
     \10\ Register of Copyrights, report on copyright and digital 
     distance education (1999) at 159.
---------------------------------------------------------------------------
       Eligible transmitting entities
       As under the current section 110(2), the exemption, as 
     amended, is limited to government bodies and non-profit 
     educational institutions. However, due to the fact that, as 
     the Register's Report points out, ``nonprofit educational 
     institutions'' are no longer a closed and familiar group, and 
     the ease with which anyone can transmit educational material 
     over the Internet, the amendment would require non-profit 
     educational institutions to be ``accredited'' in order to 
     provide further assurances that the institution is a bona 
     fide educational institution. It is not otherwise intended to 
     alter the eligibility criteria. Nor is it intended to limit 
     or affect any other provision of the Copyright Act that 
     relates to non-profit educational institutions or to imply 
     that non-accredited educational institutions are necessarily 
     not bona fide.
       ``Accreditation'' is defined in section 1(b)(2) of the 
     TEACH Act in terms of the qualification of the educational 
     institution. It is not defined in terms of particular courses 
     or programs. Thus, an accredited nonprofit educational 
     institution qualifies for the exemption with respect to its 
     courses whether or not the courses are part of a degree or 
     certificate-granting program.
       Qualifying performances and displays; mediated 
           instructional activities
       Subparagraph (2)(A) of the amended exemption provides that 
     the exemption applies to a performance or display made ``by, 
     at the direction of, or under the actual supervision of an 
     instructor as an integral part of a class session offered as 
     a regular part of . . . systematic mediated instructional 
     activity.'' The subparagraph includes several requirements, 
     all of which are intended to make clear that the transmission 
     must be part of mediated instructional activity. First, the 
     performance or display must be made by, under the direction 
     of, or under the actual supervision of an instructor. The 
     performance or display may be initiated by the instructor. It 
     may also be initiated by a person enrolled in the class as 
     long as it is done either at the direction, or under the 
     actual supervision, of the instructor. ``Actual'' supervision 
     is intended to require that the instructor is, in fact, 
     supervising the class activities, and that supervision is not 
     in name or theory only. It is not intended to require either 
     constant, real-time supervision by the instructor or pre-
     approval by the instructor for the performance or display. 
     Asynchronous learning, at the pace of the student, is a 
     significant and beneficial characteristic of digital distance 
     education, and the concept of control and supervision is not 
     intended to limit the qualification of such asynchronous 
     activities for this exemption.
       The performance or display must also be made as an 
     ``integral part'' of a class session, so it must be part of a 
     class itself, rather than ancillary to it. Further, it must 
     fall within the concept of ``mediated instructional 
     activities'' as described in section 1(b)(2) of the TEACH 
     Act. This latter concept is intended to require the 
     performance or display to be analogous to the type of 
     performance or display that would take place in a live 
     classroom setting. Thus, although it is possible to display 
     an entire textbook or extensive course-pack material through 
     an e-book reader or similar device or computer application, 
     this type of use of such materials as supplemental reading 
     would not be analogous to the type of display that would take 
     place in the classroom, and therefore would not be authorized 
     under the exemption.
       The amended exemption is not intended to address other uses 
     of copyrighted works in the course of digital distance 
     education, including student use of supplemental or research 
     materials in digital form, such as electronic course packs, 
     e-reserves, and digital library resources. Such activities do 
     not involve uses analogous to the performances and displays 
     currently addressed in section 110(2).
       The ``mediated instructional activity'' requirement is thus 
     intended to prevent the exemption provided by the TEACH Act 
     from displacing textbooks, course packs or other material in 
     any media, copies or phonorecords of which are typically 
     purchased or acquired by students for their independent use 
     and retention ``in most post-secondary and some elementary 
     and secondary contexts). The Committee notes that in many 
     secondary and elementary school contexts, such copies of such 
     materials are not purchased or acquired directly by the 
     students, but rather are provided for the students'' 
     independent use and possession (for the duration of the 
     course) by the institution.
       The limitation of the exemption to systematic ``mediated 
     instructional activities'' in subparagraph (2)(A) of the 
     amended exemption operates together with the exclusion in the 
     opening clause of section 110(2) for works ``produced or 
     marketed primarily for performance or display as part of 
     mediated instructional activities transmitted via digital 
     networks'' to place boundaries on the exemption. The former 
     relates to the nature of the exempt activity; the latter 
     limits the relevant materials by excluding those primarily 
     produced or marketed for the exempt activity.
       One example of the interaction of the two provisions is the 
     application of the exemption to textbooks. Pursuant to 
     subparagraph (2)(A), which limits the exemption to ``mediated 
     instructional activities,'' the display of material from a 
     textbook that would typically be purchased by students in the 
     local classroom environment, in lieu of purchase by the 
     students, would not fall within the exemption. Conversely, 
     because textbooks typically are not primarily produced or 
     marketed for performance or display in a manner analogous to 
     performances or display in the live classroom setting, they 
     would not per se be excluded from the exemption under the 
     exclusion in the opening clause. Thus, an instructor would 
     not be precluded from using a chart or table or other short 
     excerpt from a textbook different from the one assigned for 
     the course, or from emphasizing such an excerpt from the 
     assigned textbook that had been purchased by the students.
       The requirement of subparagraph (2)(B), that the 
     performance or display must be directly related and of 
     material assistance to the teaching content of the 
     transmission, is found in current law, and has been retained 
     in its current form. As noted in the Register's Report \11\, 
     this test of relevance and materiality connects the 
     copyrighted work to the curriculum, and it means that the 
     portion performed or displayed may not be

[[Page H6647]]

     performed or displayed for the mere entertainment of the 
     students, or as unrelated background material.
---------------------------------------------------------------------------
     \11\ Id. at 80.
---------------------------------------------------------------------------
       Limitations on receipt of transmissions
       Unlike current section 110(2), the TEACH Act amendment 
     removes the requirement that transmissions be received in 
     classrooms or similar places devoted to instruction unless 
     the recipient is an officer or employee of a governmental 
     body or is prevented by disability or special circumstances 
     from attending a classroom or similar place of instruction. 
     One of the great potential benefits of digital distance 
     education is its ability to reach beyond the physical 
     classroom, to provide quality educational experiences to all 
     students of all income levels, in cities and rural settings, 
     in schools and on campuses, in the workplace, at home, and at 
     times selected by students to meet their needs.
       In its place, the Act substitutes the requirements in 
     subparagraph (2)(C) that the transmission be made solely for 
     and, to the extent technologically feasible, the reception be 
     limited to students officially enrolled in the course for 
     which the transmission is made or governmental employees as 
     part of their official duties or employment. This requirement 
     is not intended to impose a general requirement of network 
     security. Rather, it is intended to require only that the 
     students or employees authorized to be recipients of the 
     transmission should be identified, and the transmission 
     should be technologically limited to such identified 
     authorized recipients through systems such as password access 
     or other similar measures.
       Additional safeguards to counteract new risks
       The digital transmission of works to students poses greater 
     risks to copyright owners than transmissions through analog 
     broadcasts. Digital technologies make possible the creation 
     of multiple copies, and their rapid and widespread 
     dissemination around the world. Accordingly, the TEACH Act 
     includes several safeguards not currently present in section 
     110(2).
       First, a transmitting body or institution seeking to invoke 
     the exemption is required to institute policies regarding 
     copyright and to provide information to faculty, students, 
     and relevant staff members that accurately describe and 
     promote compliance with copyright law. Further, the 
     transmitting organization must provide notice to recipients 
     that materials used in connection with the course may be 
     subject to copyright protection. These requirements are 
     intended to promote an environment of compliance with the 
     law, inform recipients of their responsibilities under 
     copyright law, and decrease the likelihood of unintentional 
     and uninformed acts of infringement.
       Second, in the case of a digital transmission, the 
     transmitting body or institution is required to apply 
     technological measures to prevent (i) retention of the work 
     in accessible form by recipients to which it sends the work 
     for longer than the class session, and (ii) unauthorized 
     further dissemination of the work in accessible form by such 
     recipients. Measures intended to limit access to authorized 
     recipients of transmissions from the transmitting body or 
     institution are not addressed in this subparagraph (2)(D). 
     Rather, they are the subjects of subparagraph (2)(C).
       Third, in the case of a digital transmission, the 
     transmitting body or institution must not ``engage in conduct 
     that could reasonably be expected to interfere with 
     technological measures used by copyright owners to prevent 
     such retention or unauthorized further dissemination.'' As 
     the context makes clear, this requirement refers to conduct 
     that is taken in connection with the particular transmissions 
     subject to the exemption, rather than to the broader 
     activities of the transmitting body or institution generally. 
     Further, like the other provisions under paragraph 
     (2)(D)(ii), the requirement has no legal effect other than as 
     a condition of eligibility for the exemption. Thus, it is not 
     otherwise enforceable to preclude or prohibit conduct.
       The requirement that technological measures be applied to 
     limit retention for no longer than the ``class session'' 
     refers back to the requirement that the performance be made 
     as an ``integral part of a class session.'' The duration of a 
     ``class session'' in asynchronous distance education would 
     generally be that period during which a student is logged on 
     to the server of the institution or governmental body making 
     the display or performance, but is likely to vary with the 
     needs of the student and with the design of the particular 
     course. It does not mean the duration of a particular course 
     (i.e., a semester or term), but rather is intended to 
     describe the equivalent of an actual single face-to-face 
     mediated class session (although it may be asynchronous and 
     one student may remain online or retain access to the 
     performance or display for longer than another student as 
     needed to complete the class session). Although flexibility 
     is necessary to accomplish the pedagogical goals of distance 
     education, the Committee expects that a common sense 
     construction will be applied so that a copy or phonorecord 
     displayed or performed in the course of a distance education 
     program would not remain in the possession of the recipient 
     in a way that could substitute for acquisition or for uses 
     other than use in the particular class session. Conversely, 
     the technological protection measure in subparagraph 
     (2)(D)(ii) refers only to retention of a copy or phonorecord 
     in the computer of the recipient of a transmission. The 
     material to be performed or displayed may, under the 
     amendments made by the Act to section 112 and with certain 
     limitations set forth therein, remain on the server of the 
     institution or government body for the duration of its use in 
     one or more courses, and may be accessed by a student each 
     time the student logs on to participate in the particular 
     class session of the course in which the display or 
     performance is made. The reference to ``accessible form'' 
     recognizes that certain technological protection measures 
     that could be used to comply with subparagraph (2)(D)(ii) do 
     not cause the destruction or prevent the making of a digital 
     file; rather they work by encrypting the work and limiting 
     access to the keys and the period in which such file may be 
     accessed. On the other hand, an encrypted file would still be 
     considered to be in ``accessible form'' if the body or 
     institution provides the recipient with a key for use beyond 
     the class session.
       Paragraph (2)(D)(ii) provides, as a condition of 
     eligibility for the exemption, that a transmitting body or 
     institution apply technological measures that reasonably 
     prevent both retention of the work in accessible form for 
     longer than the class session and further dissemination of 
     the work. This requirement does not impose a duty to 
     guarantee that retention and further dissemination will never 
     occur. Nor does it imply that there is an obligation to 
     monitor recipient conduct. Moreover, the ``reasonably 
     prevent'' standard should not be construed to imply perfect 
     efficacy in stopping retention or further dissemination. The 
     obligation to ``reasonably prevent'' contemplates an 
     objectively reasonable standard regarding the ability of a 
     technological protection measure to achieve its purpose. 
     Examples of technological protection measures that exist 
     today and would reasonably prevent retention and further 
     dissemination, include measures used in connection with 
     streaming to prevent the copying of streamed material, such 
     as the Real Player ``Secret Handshake/Copy Switch'' 
     technology discussed in Real Networks v. Streambox, 2000 WL 
     127311 (Jan. 18, 2000) or digital rights management systems 
     that limit access to or use of encrypted material downloaded 
     onto a computer. It is not the Committee's intent, by noting 
     the existence of the foregoing, to specify the use of any 
     particular technology to comply with subparagraph (2)(D)(ii). 
     Other technologies will certainly evolve. Further, it is 
     possible that, as time passes, a technological protection 
     measure may cease to reasonably prevent retention of the work 
     in accessible form for longer than the class session and 
     further dissemination of the work, either due to the 
     evolution of technology or to the widespread availability of 
     a hack that can be readily used by the public. In those 
     cases, a transmitting organization would be required to apply 
     a different measure.
       Nothing in section 110(2) should be construed to affect the 
     application or interpretation of section 1201. Conversely, 
     nothing in section 1201 should be construed to affect the 
     application or interpretation of section 110(2).
       Transient and temporary copies
       Section 1(b)(2) of the TEACH Act implements the Register's 
     recommendation that liability not be imposed upon those who 
     participate in digitally transmitted performances and 
     displays authorized under this subsection by reason of copies 
     or phonorecords made through the automatic technical process 
     of such transmission, or any distribution resulting 
     therefrom. Certain modifications have been made to the 
     Register's recommendations to accommodate instances where the 
     recommendation was either too broad or not sufficiently broad 
     to cover the appropriate activities.
       The third paragraph added to the amended exemption under 
     section 1(b)(2) of the TEACH Act recognizes that transmitting 
     organizations should not be responsible for copies or 
     phonorecords made by third parties, beyond the control of the 
     transmitting organization. However, consistent with the 
     Register's concern that the exemption should not be 
     transformed into a mechanism for obtaining copies,\12\ the 
     paragraph also requires that such transient or temporary 
     copies stored on the system or network controlled or operated 
     by the transmitting body or institution shall not be 
     maintained on such system or network ``in a manner ordinarily 
     accessible to anyone other than anticipated recipients'' or 
     ``in a manner ordinarily accessible to such anticipated 
     recipients for a longer period than is reasonably necessary 
     to facilitate the transmissions'' for which they are made.
---------------------------------------------------------------------------
     \12\ Id. at 151.
---------------------------------------------------------------------------
       The liability of intermediary service providers remains 
     governed by section 512, but, subject to section 512(d) and 
     section 512(e), section 512 will not affect the legal 
     obligations of a transmitting body or institution when it 
     selects material to be used in teaching a course, and 
     determines how it will be used and to whom it will be 
     transmitted as a provider of content.
       The paragraph refers to ``transient'' and ``temporary'' 
     copies consistent with the terminology used in section 512, 
     including transient copies made in the transmission path by 
     conduits and temporary copies, such as caches, made by the 
     originating institution, by service providers or by 
     recipients. Organizations providing digital distance 
     education will, in many cases, provide material from source 
     servers that create additional temporary or transient copies 
     or phonorecords of

[[Page H6648]]

     the material in storage known as ``caches'' in other servers 
     in order to facilitate the transmission. In addition, 
     transient or temporary copies or phonorecords may occur in 
     the transmission stream, or in the computer of the recipient 
     of the transmission. Thus, by way of example, where content 
     is protected by a digital rights management system, the 
     recipient's browser may create a cache copy of an encrypted 
     file on the recipient's hard disk, and another copy may be 
     created in the recipient's random access memory at the time 
     the content is perceived. The third paragraph added to the 
     amended exemption by section 1(b)(2) of the TEACH Act is 
     intended to make clear that those authorized to participate 
     in digitally transmitted performances and displays as 
     authorized under section 110(2) are not liable for 
     infringement as a result of such copies created as part of 
     the automatic technical process of the transmission if the 
     requirements of that language are met. The paragraph is not 
     intended to create any implication that such participants 
     would be liable for copyright infringement in the absence of 
     the paragraph.
     Subsection (c): Ephemeral recordings
       One way in which digitally transmitted distance education 
     will expand America's educational capacity and effectiveness 
     is through the use of asynchronous education, where students 
     can take a class when it is convenient for them, not at a 
     specific hour designated by the body or institution. This 
     benefit is likely to be particularly valuable for working 
     adults. Asynchronous education also has the benefit of 
     proceeding at the student's own pace, and freeing the 
     instructor from the obligation to be in the classroom or on 
     call at all hours of the day or night.
       In order for asynchronous distance education to proceed, 
     organizations providing distance education transmissions must 
     be able to load material that will be displayed or performed 
     on their servers, for transmission at the request of 
     students. The TEACH Act's amendment to section 112 makes that 
     possible.
       Under new subsection 112(f)(1), transmitting organizations 
     authorized to transmit performances or displays under section 
     110(2) may load on their servers copies or phonorecords of 
     the performance or display authorized to be transmitted under 
     section 110(2) to be used for making such transmissions. The 
     subsection recognizes that it often is necessary to make more 
     than one ephemeral recording in order to efficiently carry 
     out digital transmissions, and authorizes the making of such 
     copies or phonorecords.
       Subsection 112(f) imposes several limitations on the 
     authorized ephemeral recordings. First, they may be retained 
     and used solely by the government body or educational 
     institution that made them. No further copies or phonorecords 
     may be made from them, except for copies or phonorecords that 
     are authorized by subsection 110(2), such as the copies that 
     fall within the scope of the third paragraph added to the 
     amended exemption under section 1(b)(2) of the TEACH Act. The 
     authorized ephemeral recordings must be used solely for 
     transmissions authorized under section 110(2).
       The Register's Report notes the sensitivity of copyright 
     owners to the digitization of works that have not been 
     digitized by the copyright owner. As a general matter, 
     subsection 112(f) requires the use of works that are already 
     in digital form. However, the Committee recognizes that some 
     works may not be available for use in distance education, 
     either because no digital version of the work is available to 
     the institution, or because available digital versions are 
     subject to technological protection measures that prevent 
     their use for the performances and displays authorized by 
     section 110(2). In those circumstances where no digital 
     version is available to the institution or the digital 
     version that is available is subject to technological 
     measures that prevent its use for distance education under 
     the exemption, section 112(f)(2) authorizes the conversion 
     from an analog version, but only conversion of the portion or 
     amount of such works that are authorized to be performed or 
     displayed under section 110(2). It should be emphasized that 
     subsection 112(f)(2) does not provide any authorization to 
     convert print or other analog versions of works into digital 
     format except as permitted in section 112(f)(2).
       Relationship to fair use and contractual obligations
       As the Register's Report makes clear ``critical to [its 
     conclusion and recommendations] is the continued availability 
     of the fair use doctrine.''\13\ Nothing in this Act is 
     intended to limit or otherwise to alter the scope of the fair 
     use doctrine. As the Register's Report explains:
---------------------------------------------------------------------------
     \13\ Id. at xvi.

       Fair use is a critical part of the distance education 
     landscape. Not only instructional performances and displays, 
     but also other educational uses of works, such as the 
     provision of supplementary materials or student downloading 
     of course materials, will continue to be subject to the fair 
     use doctrine. Fair use could apply as well to instructional 
     transmissions not covered by the changes to section 110(2) 
     recommended above. Thus, for example, the performance of more 
     than a limited portion of a dramatic work in a distance 
     education program might qualify as fair use in appropriate 
     circumstances.\14\
---------------------------------------------------------------------------
     \14\ Id. at 161-162.

       The Register's Report also recommends that the legislative 
     history of legislation implementing its distance education 
     requirements make certain points about fair use. 
     Specifically, this legislation is enacted in recognition of 
     the following:
       a. The fair use doctrine is technologically neutral and 
     applies to activities in the digital environment; and
       b. the lack of established guidelines for any particular 
     type of use does not mean that fair use is inapplicable.\15\
---------------------------------------------------------------------------
     \15\ 15 Id.
---------------------------------------------------------------------------
       While the Register's Report also examined and discussed a 
     variety of licensing issues with respect to educational uses 
     not covered by exemptions or fair use, these issues were not 
     included in the Report's legislative recommendations that 
     formed the basis for the TEACH Act. It is the view of the 
     committee that nothing in this Act is intended to affect in 
     any way the relationship between express copyright exemptions 
     and license restrictions.
       Nonapplicability to secure tests
       The Conference is aware and deeply concerned about the 
     phenomenon of school officials who are entrusted with copies 
     of secure test forms solely for use in actual test 
     administrations and using those forms for a completely 
     unauthorized purpose, namely helping students to study the 
     very questions they will be asked on the real test. The 
     Conference does not in any way intend to change current law 
     with respect to application of the Copyright Act or to 
     undermine or lessen in any way the protection afforded to 
     secure tests under the Copyright Act. Specifically, this 
     section would not authorize a secure test acquired solely for 
     use in an actual test administration to be used for any other 
     purpose.
       Subsection (d): PTO report
       The report requested in subsection (d) requests information 
     about technological protection systems to protect digitized 
     copyrighted works and prevent infringement. The report is 
     intended for the information of Congress and shall not be 
     construed to have any effect whatsoever on the meaning, 
     applicability, or effect of any provision of the Copyright 
     Act in general or the TEACH Act in particular.

               Subtitle D--Madrid Protocol Implementation

     Sec. 13401. Short title
       This section provides that this subtitle may be cited as 
     the ``Madrid Protocol Implementation Act.''
     Sec. 13402. Provisions to implement the protocol relating to 
         the Madrid Agreement Concerning the International 
         Registration of Marks
       This section amends the ``Trademark Act of 1946'' by adding 
     a new ``Title XII--The Madrid Protocol,'' which contains new 
     sections 60 through 74 with the following:
       (A) The owner of a registration granted by the U.S. Patent 
     and Trademark Office (PTO) or the owner of a pending 
     application before the PTO may file an international 
     application for trademark protection at the PTO.
       (B) After receipt of the appropriate fee and inspection of 
     the application, the PTO Director is charged with the duty of 
     transmitting the application to the WIPO International 
     Bureau.
       (C) The Director is also obliged to notify the 
     International Bureau whenever the international application 
     has been ``restricted, abandoned, canceled, or has expired,'' 
     within a specified time period.
       (D) The holder of an international registration may request 
     an extension of its registration by filing with the PTO or 
     the International Bureau.
       (E) The holder of an international registration is entitled 
     to the benefits of extension in the United States to the 
     extent necessary to give effect to any provision of the 
     Protocol; however, an extension of an international 
     registration shall not apply to the United States if the PTO 
     is the office of origin with respect to that mark.
       (F) The holder of an international registration with an 
     extension of protection in the United States may claim a date 
     of priority based on certain conditions.
       (G) If the PTO Director believes that an applicant is 
     entitled to an extension of protection, the mark will be 
     published in the ``Official Gazette of the Patent and 
     Trademark Office.'' This serves notice to third parties who 
     oppose the extension. Unless an opposition and/or other court 
     proceeding conducted pursuant to existing law is successful, 
     the request for extension may not be refused. If the request 
     for extension of protection is denied, however, the Director 
     notifies the International Bureau of such action and sets 
     forth the reason(s) why. The Director must also apprise the 
     International Bureau of other relevant information pertaining 
     to requests for extension of protection within designated 
     time periods.
       (H) If an extension for protection is granted, the PTO 
     issues a certificate attesting to such action, and publishes 
     notice of the certificate in the ``Official Gazette.'' 
     Holders of extension certificates thereafter enjoy protection 
     equal to that of other owners of registration listed on the 
     Principal Register of the PTO.
       (I) If the International Bureau notifies the PTO of a 
     cancellation of some or all of the goods and services listed 
     in the international registration, the PTO must cancel an 
     extension of protection with respect to the same

[[Page H6649]]

     goods and services as of the date on which the international 
     registration was canceled. Similarly, if the International 
     Bureau does not renew an international registration, the 
     corresponding extension of protection in the United States 
     shall cease to be valid. Finally, the holder of an 
     international registration canceled in whole or in part by 
     the International Bureau may file an application for the 
     registration of the same mark for any of the goods and 
     services to which the cancellation applies that were covered 
     by an extension of protection in the United States based on 
     that international registration.
       (J) The holder of an extension of protection must, within 
     designated time periods and under certain conditions, file an 
     affidavit setting forth the relevant goods or services on or 
     in connection with which the mark is in use in commerce and 
     attaching a specimen or facsimile showing the current use of 
     the mark in commerce, or setting forth that any nonuse is due 
     to special circumstances which excuse such nonuse and is not 
     due to any intention to abandon the mark.
       (K) The right to an extension of protection may be assigned 
     to a third party so long as that person is a national of, or 
     is domiciled in, or has a ``bonafide'' and effective 
     industrial or commercial establishment in a country that is a 
     member of the Protocol; or has such a business in a country 
     that is a member of an intergovernmental organization (such 
     as the EC) belonging to the Protocol.
       (L) An extension of protection conveys the same rights as 
     an existing registration for the same mark if the extension 
     and existing registration are owned by the same person, and 
     extension of protection and the existing registration cover 
     the same goods or services, and the certificate of extension 
     is issued after the date of the existing registration.
     Sec. 13403. Effective date
       This section states that the effective date of the act 
     shall commence on the date on which the Madrid Protocol 
     enters into force with respect to the United States or 1 year 
     after the date of enactment of the act, whichever occurs 
     later.

         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

     Sec. 14101. Short title
       Section 14101 provides that this title may be cited as the 
     ``Antitrust Technical Corrections Act of 2002.''
     Sec. 14102. Amendments
       Subsection 14102(a) repeals the paragraph in Section 11 of 
     Panama Canal Act, prohibiting ships owned by persons who are 
     violating the antitrust laws from passing through the Canal.
       Subsection 14102(b) adds a new Section 3(b) to the Sherman 
     Act to clarify that Section 2 of the Sherman Act applies to 
     the District of Columbia and the territories.
       Subsection 14102(c) repeals Section 77 of the Wilson Tariff 
     Act and also eliminates several cross-references to Section 
     77 in five other statutes (the Clayton Act, the Federal Trade 
     Commission Act, the Packers and Stockyards Act, the Atomic 
     Energy Act of 1954, and the Deep Seabed Hard Mineral 
     Resources Act). These cross-references occur in definitions 
     of the term ``antitrust laws'' in the other statutes and do 
     not change the substance of those statutes.
       Subsection 14102(d) corrects an erroneous section number 
     designation in the Curt Flood Act passed in 1998. It makes no 
     substantive change.
       Subsection 14102(e) inserts an inadvertently omitted period 
     in the Year 2000 Information and Readiness Disclosure Act. It 
     makes no substantive change.
       Subsection 14102(f) repeals the Act of March 3, 1913, 
     requiring that depositions in Sherman Act equity cases 
     brought by the government be held in public.
       Subsection 14102(g) repeals section 116 of the Act of 
     November 19, 2001.
     Section 14103. Effective date; application of amendments
       Subsection 14103(a) provides that the changes shall take 
     effect on the date of enactment.
       Subsection 14103(b) provides that the change made by 
     subsection 14102(a) shall apply to cases pending on or after 
     the date of enactment.
       Subsection 14103(c) provides that the change made by 
     subsections 14102(b), (c), and (d) shall apply only to cases 
     commenced on or after the date of enactment.

     From the Committee on the Judiciary, for consideration of the 
     House bill and the Senate amendment, and modifications 
     committed to conference:
     F. James Sensenbrenner,
     Henry Hyde,
     George W. Gekas,
     J. Howard Coble,
     Lamar Smith,
     Elton Gallegly,
     John Conyers, Jr.,
     Barney Frank,
     Bobby Scott,
     Tammy Baldwin,
       (Provided, That Mr. Berman is appointed in lieu of Ms. 
     baldwin for consideration of sec. 312 of the Senate 
     amendment, and modifications committed to conference.)
     Howard Berman
     From the Committee on Energy and Commerce, for consideration 
     of secs. 2203-6, 2206, 2210, 2801, 2901-2911, 2951, 4005, and 
     title VIII of the Senate amendment, and modifications 
     committed to conference:
     Billy Tauzin,
     Michael Bilirakis,
     John D. Dingell,
     From the Committee on Education and the Workforce, for 
     consideration of secs. 2207, 2301, 2302, 2311, 2321-4, 2331-4 
     of the Senate amendment, and modifications committed to 
     conference:
     Peter Hoekstra,
     Michael N. Castle,
     George Miller,
                                Managers on the Part of the House.

     Patrick Leahy,
     Ted Kennedy,
     Orin Hatch,
     Managers on the Part of the Senate.

                          ____________________